EXCAVATIONS AND CONSTRUCTION

§ 91.01 OPENING PERMIT REQUIRED.

   It shall be unlawful for any person, other than an authorized city official, to make any opening in any street, alley, sidewalk or public way of the city unless a permit to make the opening has been obtained prior to commencement of the work.

(Prior Code, § 91.01) Penalty, see § 91.99

§ 91.02 APPLICATION AND CASH DEPOSIT.

   Each permit for making an opening shall be confined to a single project and shall be issued by the authorized city official. Application shall be made on a form prescribed by the legislative body, giving the exact location of the proposed opening, the kind of paving, the area and depth to be excavated and such other facts as may be provided for. The permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posted with the authorized city official, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.

(Prior Code, § 91.02)

§ 91.03 RESTORATION OF PAVEMENT.

   (A)   The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the authorized city official, and in accordance with rules, regulations and specifications approved by the legislative body.

   (B)   (1)   Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the city may proceed without notice to make such fill and restoration and the deposit referred to in § 91.02 of this chapter shall be forfeited.

      (2)   Thereupon, the deposit shall be paid into the appropriate city fund, except such part demanded and paid to the permittee as the difference between the deposit and the charges of the city for restoration services performed by it.

      (3)   If the amount of such services performed by the city should exceed the amount of the deposit, the Clerk/Treasurer or other proper administrative officer shall proceed to collect the remainder due from the permittee.

(Prior Code, § 91.03)

§ 91.04 BARRIERS AROUND EXCAVATIONS.

   Any person engaged in or employing others in excavating or opening any street, sidewalk, alley or other public way shall have the excavation or opening fully barricaded at all times to prevent injury to persons or animals.

(Prior Code, § 91.04) Penalty, see § 91.99