(A) It is unlawful for any person to excavate, dig or produce in any manner or cause to be made any opening, displacement, depression or impairment of the surface of any public place or public thoroughfare without first making application for a permit from the Public Works Director.
(B) The work of excavating shall be under the supervision and direction of the Public Works Director or an employee appointed by the Town Manager.
(C) The applicant shall be liable for all damages to persons or property caused by such excavating and shall hold the town harmless for any damages incurred in performance of the work specified.
(D) It is unlawful for any person to make any excavation or dig any hole, drain or ditch in any highway or thoroughfare in the town without providing a sufficient light at night and a temporary fence or suitable obstruction around such excavation to protect the public during the day.
(E) It is unlawful for any person to maintain a well, cellar, pit or other excavation of more than two feet in depth on any unenclosed lot, without substantial curbing, covering or protection.
(F) Any person authorized to excavate in any public place, public road, street, alley, right-of-way or public thoroughfare shall, as soon as is practicable, but in no event later than 30 days after completion of such excavation, restore said public place, public road, street, alley, right-of-way or public thoroughfare to at least the same condition as existed prior to such excavation; provided, however, in the event necessary for the public safety, the town may, by written notice, require that the public place, public road, street, alley, right-of-way or public thoroughfare be restored in less than 30 days.
(G) In the event the person making the excavation has made a good faith attempt to restore the public place, public road, street, alley, right-of-way or public thoroughfare to at least the condition as existed prior to such excavation, but has done so in a manner unsatisfactory to the town, the town shall, be certified mail, notify the grantee, licensee or other responsible party of its failure to properly restore said public place, public road, street, alley, right-of-way or public thoroughfare setting forth what actions must be taken to properly restore said public place, public road, street, alley, right-of-way or public thoroughfare to its previous condition and the time in which said actions must be taken.
(H) If the restoration required by divisions (F) or (G) above is not timely performed, the town may perform the work necessary to restore the public place, public road, street, alley, right-of-way or public thoroughfare to its previous condition and charge the expense of such restoration to the responsible grantee, licensee or other responsible party.
(I) For the purpose of this section, unless the context otherwise requires, EXCAVATION means any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced by means or use of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe plowing and driving.
(1990 Code, § 11-1-2) Penalty, see § 10.99