CHAPTER 503 – STREET OPENINGS AND MAINTENANCE

503.01   Street Opening Permits; Contents; Costs

503.011   Vandalism Repairs: Permit Exception

503.012   Removal of Markings in Public Rights-of- Way

503.013   Street Pavement Preservation

503.02   Charges for Repair and Inspection of Openings – Repealed

503.03   Removal of Unused Posts and Poles

503.031   Abatement of Violations

503.04   Location of Trees and Lamp Posts

503.05   Erection of Electrical Fixtures; Permit

503.06   Use of Pole Line by City

503.061   Attachments to Poles

503.07   Construction of Subways, Conduits, Ducts or Pipes; Permit

503.08   City Gas System; Maps; Permit

503.09   Removal of Gas Meters

503.10   Gas Pipes in Streets; Permit

503.11   Notice to Remove Pipes

503.12   Manholes; Barricades; Air Supply

503.99   Penalty

   Note: The legislative history of this chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.

Charter reference:
   Duty to keep streets open, in repair and free from nuisance, Charter § 173
   Public improvements by contract or direct labor, Charter § 167
   Sewer, water and gas connections, Charter § 163

Cross-reference:
   Construction and improvement contracts, CO Ch. 185
   Injuring new pavement before completion, CO 501.04
   Permit to open streets or alleys for water connection extensions, CO 531.47
   Sewer and water connections for property owners abutting newly paved streets, CO 541.09
   Stone or cement obstructing air or water supply to tree planted in highways, CO 509.06
   Street cleaning once each thirty (30) days from March 1 to October 31, CO 131.48
   Unguarded street excavations, CO 501.05
   Unnecessary obstructions by railroads, CO 631.06

Statutory reference:
   Digging, excavating and piling earth on streets, RC 5589.10
   Excavation liability, RC 723.49 et seq.
   Power to erect gas and electric works, RC 743.34

§ 503.01 Street Opening Permits; Contents; Costs

   (a)   Except as provided in division (g) of this section, no person shall make an excavation or opening or remove any pavement in any highway, lane, road, street or alley of the City, without first obtaining a street opening permit. Before a person, including a corporation, private utility or public utility may receive such a permit, such person shall file with the Director of Public Service an application on the form provided by the Director. This application shall set forth and include the location, kinds and extent of the pavement desired to be taken up and the number, purpose and size of openings or excavations which are desired or necessary. At the time of application, applicant shall pay a non-refundable fee in accordance with a fee schedule fixed from time to time by the Board of Control in order to recover the City’s costs related to street opening.

   (b)   In the event the scope of the project is revised during the course of the work, the Commissioner of Engineering and Construction may recalculate the fee based on the actual size of the excavation in accordance with the fee schedule fixed by the Board of Control.

   (c)   In the event that a street opening permit is not issued or is revoked before an excavation has been made, the entire fee shall be refunded to the applicant, except for an amount fixed from time to time by the Board of Control to cover the city’s cost of processing the application.

   (d)   Prior to being issued a street opening permit, permittee shall submit a performance bond either:

      (1)   In the amount of the estimated cost of backfilling and restoring the excavation to be made by the permittee, as estimated by the Commissioner of Engineering and Construction; or

      (2)   An umbrella bond in the amount of two hundred fifty thousand dollars ($250,000.00). Any person providing an umbrella bond will be deemed to have met the performance bond requirements of this section for the duration of the performance bond.

   (e)   After the fee and deposit required by this section have been paid, the Director may issue the permit applied for. The permit shall state the exact time the opening or excavation is to be made, the probable length of time required for the work to be done and the repair made, the character of the pavement, including its base, and the character of the work necessary for the satisfactory relaying of the pavement.

   (f)   All excavations shall be restored by permittee according to regulations promulgated by the Director of Public Service. Any regulations promulgated by the Director shall be effective thirty (30) days after publication in the City Record.

      (1)   If the Director determines that the permittee has failed to make restorations according to the Director’s regulations, the Director may, by written notice, order the permittee to make restorations according to the regulations. The permittee shall have thirty (30) calendar days from receipt of written notice to make the appropriate restorations.

      (2)   If the Director determines that the permittee has failed to make restorations after thirty (30) days from the permittee’s receipt of notice, the Director may draw, from the permittee’s performance bond, funds sufficient to make the restorations according to the Director’s regulations.

   (g)   In an emergency, a person may make an excavation or opening or remove pavement in any highway, lane, road, street or alley of the City, provided that the person notifies the Director in writing of the emergency, including a description of the nature of the emergency, and applies for a street opening permit within seven (7) calendar days of making the opening. The appropriate street opening fee shall accompany the application. Any person failing to notify the Director as provided in this division (g) shall be charged the regular permit fee plus an additional fee of two hundred dollars ($200.00) to cover the City’s administrative costs of identifying and inspecting the street opening made without a permit. As used in this division (g), “emergency” means a condition that (i) poses a clear and immediate danger to life or health or of a significant loss of property; or (ii) requires immediate repair or replacement in order to restore service to a user.

   (h)   The street opening permit shall identify the time period in which the street opening must be closed. The Commissioner of Engineering and Construction or his or her designee will determine this time period based upon the size and nature of the opening.

      (1)   If the work is not started within the time designated in the street opening permit, the permit may be revoked by the Commissioner of Engineering and Construction.

      (2)   If the work has been started but not completed within the time designated in the street opening permit, the permit may be revoked by the Commissioner of Engineering and Construction. If the permit is revoked, the Director may charge all accrued restoration charges to the permittee. Should the permittee fail to pay all accrued restoration charges within thirty (30) calendar days of receipt of notice, the Director may draw, from the permittee’s performance bond, funds sufficient to restore the highway, lane, road, street, or alley according to the Director’s regulations.

      (3)   If a street opening permit is revoked by the Commissioner of Engineering and Construction, a new permit must be secured before any further work can proceed.

   (i)   A permittee, in accepting and acting under a street opening permit, agrees to assume full responsibility for injury and damage to persons and property incurred because of any settlement of a restored area, and further agrees to pay all costs involved in reconditioning such areas. If any settlement in a restored area occurs within a period of one (1) year from date of completion of the permanent restoration, it shall be considered as conclusive evidence of defective backfilling. Any expense incurred by the City in correcting such settlement shall be paid by the permittee.

   (j)   A permittee shall carry on the work authorized by the permit in such manner as to cause a minimum of interference with traffic. The permittee shall use a traffic control plan that meets the minimum requirements in the Ohio Manual of Uniform Traffic Control Devices, as amended, or is otherwise approved by the Director.

(Ord. No. 1170-03. Passed 7-16-03, eff. 7-23-03)