(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)