(A) When excavation is necessary through concrete paving, bituminous paving, curb and gutter, oil surface streets or concrete walks other than private walks, application shall be made to the City Administrator for a permit to cut or to remove such paving, surfacing or walks.
(B) Any such opening shall be made in a manner as will cause the least inconvenience to the public. No excavation or obstruction on any public street or alley shall be left at night unless properly protected by red lights or flares and caution taken to ensure public safety.
(C) In refilling a trench, the earth must be thoroughly tamped or flushed and the street or alley left in a condition satisfactory to the City Engineer. All excess dirt or rubbish must be removed immediately after the completion of the work.
(D) Any surface, disturbed by excavation, shall be restored to as good a condition as it was prior to the excavation. Such restoration shall be made within 72 hours of the completion of backfilling, if such excavation is within a berm area or an unsurfaced street unless a time extension is granted by the City Engineer. Except by special permission of the City Engineer, excavations within paved streets shall be temporarily patched within 16 hours of project completion with a cold-mix asphalt and maintained for a maximum of 30 days, at which time the cold-mix asphalt shall be removed and the permanent restoration done.
(E) All resurfacing shall be done by a contractor licensed to do that work. In the event the party responsible for the excavation does not comply with the time requirements as set out above, the City Engineer shall order the resurfacing done and such resurfacing shall be paid by the person who caused the excavation to be made.
(F) To ensure that satisfactory work in said repairs is completed, a deposit will be made at the time the permit application is filed with the City Clerk.
(G) In addition thereto, a fee will be paid to the City Administrator. The deposit of will be released upon the completion of all said repair work in a condition satisfactory to the City Engineer.
(H) All backfill and resurfacing conditions, together with any other requirements of the City Engineer, shall be filed in the office of the City Administrator, as though made a part of this section and shall be fully complied with.
(I) Dry material will be used as fill and all material not replaced will be deposited at a suitable location by the contractor. The City Foreperson will be allowed to supervise all work phases.
(J) Public utilities are exempt from the requirements hereunder for permits, surety bonds and insurance; however, they shall comply with division (K) below regarding notice.
(K) At least 24 hours prior to an excavation for which a non-exempt person would need an excavation permit hereunder, an exempt public utility shall give notice to the City Administrator. The notice shall provide the name and address of the utility, the nature, location and purpose of the excavation, and the date of commencement and the estimated date of completion of the excavation. This notice must be given to the City Administrator, in writing, and the City Administrator shall keep this notice on file along with all permits granted hereunder; such file containing notices given by exempt public utilities and containing all permits granted to non-exempt parties, shall serve as a reference, and all projects not filed therein shall be deemed unauthorized.
(L) In the event of any emergency in which a main, conduit or utility facility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such main, conduit or utility facility without first applying for and obtaining an excavation permit or giving notice hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall comply with the applicable provisions of this section within 24 hours of commencing any emergency repairs.
(Ord. 77-1, passed 3-23-1977) Penalty, see § 91.999