A. Permit Required: No person shall excavate, open, dig into, grade, level, repair, increase, upgrade or alter the form of any construction, excavation, or work involving any concrete, sidewalk, curb and gutter, driveway, alley, street, road, or other right of way easement within the city without first obtaining a written permit to do so from the city engineering department. (Prior code § 18-1; amd. 2001 Code)
B. Application:
1. Form: Any person desiring to excavate, open, dig into, grade, level, repair, increase, upgrade, or alter using any form of construction, excavation, or work involving any concrete, sidewalk, curb and gutter, driveway, alley, street, road, or other right of way easement within the city limits described in subsection A of this section for the purpose of installing water, gas, sewer or other mains, service pipes or leads, phone lines, electric lines, television cable, sidewalk, curb and gutter, driveway, street, alley, avenue or highway, the surface of which either has or has not been covered by macadam, concrete, oil or gravel or other street surfacing material, shall make written application to the city engineer upon application blanks prepared by the city engineer.
2. Application: Such application shall contain the name of the person desiring to make such excavation, the time the same is desired to be made and the location thereof together with the cause and reason therefor.
C. Investigation Of Necessity; Issuance: The city engineer shall investigate the necessity therefor and shall grant a permit therefor when necessary. (Prior code § 18-2)
D. Grant Of Authority: Upon receiving such application, and after approving of the same, the city engineer shall issue a permit granting authority for such person and necessary employees to enter upon and make the necessary construction, excavation, work, opening on the utility right of way easement, concrete, street, alley, avenue, highway, curb and gutter, sidewalk, or other roadway described in such permit and to install therein such sidewalk, curb and gutter, driveway, water, gas, sewer or other main, service pipe or lead, electric line, telephone line, cable television cable, or any other utility proposed to be installed in the ground, or to repair the same.
E. Supervision: All excavations and refilling thereof shall be under the direct supervision of the city engineer. (Prior code § 18-2; amd. 2001 Code)
F. Fee: The city clerk shall collect, in advance, at the time the permit required by subsection A of this section is issued, from the party applying therefor, a permit fee of seventy dollars ($70.00); provided, that if the excavation is for the purpose of laying, repairing, altering or connecting any sewer line, payment of the permit fee provided for in this subsection shall not be required. All fees so received by the city clerk shall be deposited for the use and benefit of the city. (Prior code § 18-3; amd. 2001 Code; per correspondence dated 7-9-2007)
G. Bond:
1. Required; Amount: Any person desiring a permit as provided by subsection A of this section, shall, before making any excavation, construction, work or repair, or other alteration as authorized by subsection A, execute to the city a bond, to be approved by the city clerk, and to be in the sum sufficient to complete the cost of repairs.
2. Conditions Of Bond: Such bond shall contain the condition that the obligors of such bond will pay to the city all costs, expenses and damages not exceeding the amount of such bond to which the city may be put or necessarily expend in restoring such street, avenue, alley, sidewalk, curb and gutter, highway or right-of-way easement to the condition existing prior to the work, excavation, or construction thereon by the obligor of such bond should the person obtaining such permit neglect, refuse or fail to complete excavating, construction, repair, alteration, addition, upgrading or other work for which the permit was obtained within the time stated in such permit, or fail, neglect or refuse to restore any street, alleyway, highway, avenue, roadway, curb and gutter, sidewalk, driveway or right of way in proper condition and with new or fresh surfacing material the same kind, grade and character as was removed therefrom by applicant named in such permit. Such restoration must be to the satisfaction of the city engineer who shall inspect such restoration after the work provided for in such permit has been finished.
3. City Held Harmless: The bond shall contain the further condition that the obligors shall hold the city harmless and free from all damages that may be recovered against and from the city by reason of any such excavation, construction or work and the obligors will immediately reimburse the city therefor. The bond shall run to the city and to any person injured by reason of failure of the obligors to comply with any of the provisions of the city ordinances or property from damage by reason of such excavation. (Prior Code § 18-4)
4. General Bonds Covering Several Excavations: Instead of special bonds to cover each particular piece of work, opening, construction, excavation, work, refilling, regrading and repairing thereof, any person intending to make excavations, construction, or perform other work in the public streets, alleys, roadways, highways, avenues, rights of way, sidewalks, driveways, curbs and gutters of the city may maintain a general bond in the sum of five thousand dollars ($5,000.00), which general bond shall be conditioned and used for the same purpose as the special bond described in subsections G1 through G3 of this section. Such bonds shall cover all work and excavations to be done instead of any particular piece of work and while such general bond is maintained such person shall not be required to make the special bond mentioned in subsections G1 through G3 of this section but shall be required to comply with all other provisions of this chapter. (Prior Code § 18-5)
H. Manner Of Filling Excavations: All excavations, constructions, or any work requiring alteration, addition, upgrading, or repair as set forth in subsection B of this section by any person to any of the streets, avenues, alleys, roadways, curbs and gutters, rights of way, highways, sidewalks, or driveways in this city shall be refilled by the party making or causing the same to be made, and in the refilling of such excavations, construction, or work, the different classes of material are to be returned to the place occupied before excavating, performing construction, or working thereon respectively, and all material shall be solidly tamped and the surface left in a firm and compact condition and leveled off, and such street, avenue, alley, roadway, highway, driveway, or right of way, sidewalk, curb and gutter shall be placed in as good condition as it was before such excavation was made. (Prior Code § 18-6)