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Elkhart Overview
Elkhart, IN Code of Ordinances
THE CITY OF ELKHART, INDIANA CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 97.009 EXCAVATION PERMIT APPLICATION AND FEE.
   (A)   An application for an excavation permit shall be completed on forms approved by the Board of Public Works and shall contain the following:
      (1)   The location and depth of the proposed excavation;
      (2)   The approximate date that the excavation work is expected to commence, and the date it is expected to be completed, including the replacement of any pavement;
      (3)   Fees.
         (a)   Excavation of 100 linear feet or less, and for each tunnel opening: $25;
         (b)   An additional charge of $25 required for each additional 100 linear feet. Payment of the fees shall be paid to the city.
   (B)   The excavation permit fee shall be waived whenever an excavation is required to raise or lower manholes or valve boxes or for any other utility facilities where the necessity for such work has been initiated by the city.
(Ord. 5192, passed 11-16-2009)
§ 97.010 PERMIT DURATION.
   An excavation permit, once issued, will become null and void if the excavation is not begun within 30 days from the date of issuance. If work is commenced before 30 days, the permit shall expire upon the date listed on the application as the expected date of completion.
(Ord. 5192, passed 11-16-2009)
§ 97.011 PERMIT CONDITION.
   The excavation permit shall be subject to all of the provisions of the subchapter and all applicable regulations and standards of the industry. The acceptance of said excavation permit by the applicant shall be held as an acknowledgment that the permit holder understands the provision contained in the subchapter.
(Ord. 5192, passed 11-16-2009)
§ 97.012 EMERGENCY.
   (A)   Whenever an emergency clearly exists and an excavation permit cannot reasonably be obtained, then an excavation can be made immediately without an excavation permit. The person who made the emergency excavation shall apply for an excavation permit on the first regular business day on which the Public Works and Utilities Department is open for business. The excavation permit shall be accompanied by a written explanation explaining the reason for said emergency excavation.
   (B)   All emergency excavations may be subject to review by the Board to determine if an emergency did actually exist. The purpose of such authority is to prevent the misuse of the emergency clause to make excavations without first obtaining an excavation permit. The Board may require that the person making the emergency excavation appear personally before the Board to give testimony regarding the reason constituting the emergency request. If the Board finds that no actual emergency did exist, the Board may assign penalties it deems proper and in accordance with the penalty provisions of this subchapter.
(Ord. 5192, passed 11-16-2009)
§ 97.013 INDEMNIFICATION.
   Each applicant for an excavation permit agrees to indemnify and hold the city and its agents, officials and employees harmless from any and all costs, damages and liabilities of any kind arising out of or in relation to the excavation work.
(Ord. 5192, passed 11-16-2009)
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