(A) It shall be unlawful for any person to make any excavation in any street, alley or public place or tunnel under any street, alley or public place in the village without a permit or without complying with the regulations herein contained. The permits shall not be required for excavations made by public utility companies operating under an agreement with the village.
(B) Applications for permits shall be made to the Village Clerk and shall state thereon the locations of the intended excavation or tunnel, the size thereof, the purpose therefor and the person for whom the work is being done.
(C) (1) No permit shall be issued without the payment of a fee as provided in the village annual fee schedule for each excavation or tunnel not exceeding 100 feet in length, and an additional fee as per the annual fee schedule for each additional 100 feet or fraction thereof.
(2) Any person obtaining a permit shall also give bond, with sureties to be approved by the Board of Trustees, conditioned that he or she will suitably guard or protect any excavation or obstruction, and defend, save, keep harmless and indemnify the village of and from all actions, suits, costs, damages and expenses whatsoever, including attorney’s fees, which shall or may, at any time, happen to come to it for or on account of any injuries or damages received or sustained by any party by or from acts or omissions of the applicant, or his or her employees, in doing the work; and that he or she will restore the streets, sidewalks, public square or alley to its former condition and complete the work as speedily as possible, and when completed, notify the Village Clerk of the fact.
(D) In addition to the liability of the person holding a permit and the sureties upon the bond, the person for whom the work may have been done shall also be liable to the village for any and all expense at costs to which the village may be put, or become liable for, by reason of the failure to reconstruct, restore or refill properly.
(E) No permit to enter upon any street, public square or alley for any of the purposes herein mentioned shall be issued or granted to any person who shall in any respect be delinquent in the payment of moneys herein provided for, or who shall in the judgement of the Board of Trustees be unqualified in engage in the class of work herein provided for.
(F) Any person making any excavation or tunnel shall do so according to the terms and conditions of the application and permit authorizing the work to be done. Sufficient and proper barricades and lights shall be maintained to protect persons, vehicles and animals from injury by or because of the excavation being made.
(G) The Director of Public Works is authorized, if he or she deems it advisable in connection with the issuance of the work permit, to provide that no actual connections shall be made or back filling done until the work has been inspected by the village, in which case the person to whom the permit has been granted shall pay to the village the actual cost of any inspection.
(H) Any person making any excavation or tunnel in or under any street, alley or public place to its original condition promptly upon the completion of the work for which the excavation or tunnel was made and have the responsibility for repair for a one-year period after restoration. In case of any unreasonable delay in so doing, the Board of Trustees shall give notice to the person that unless the excavation or tunnel is refilled properly and the surface relaid so as to be in the same condition as it was prior to the excavation within ten days, the village will do the work and charge the expense of doing the same to the person. If, at the end of the time mentioned, the conditions of the notice have not been complied with, the work shall be done by the village, an accurate account of the expense involved shall be kept and the total cost shall be charged to the person who made the excavation or tunnel.
(I) Any person making any excavation or tunnel on private property, in conjunction with the construction of any building or improvement, shall, as soon as practicable, complete the building or improvement over or on the same. In no event shall an excavation remain open and the building thereon remain incomplete for a period of more than 30 days. In the event any excavation is not built on or over within 30 days after opening, the excavation shall immediately be filled and closed.
(1981 Code, § 5.08) Penalty, see § 10.99