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It shall be unlawful for any person to make any excavation in any street, alley or public place, or to tunnel under any street, alley or public place in the city without having first obtained a permit as required in this section, and without complying with the provisions of this article. It shall also be unlawful to be in violation of or variance from the terms of any permit, provided, any person maintaining pipes, lines, or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the city engineer is open for business and the permit shall be retroactive to the date when the work was begun.
(Code 1977, § 11.510(1))