(a) It shall be unlawful for any person, except a duly authorized agent of the City, without first obtaining a permit, to dig or make any excavation of any street right of way as defined by Section 1106.01 of the Codified Ordinances. Application for the permit shall be made in writing to the Zoning Department on blanks to be furnished by the Department, signed by the owner of the property on account of which the excavation is desired, and stating the lot and house numbers of the property, the name of the owner, the names of the persons employed to make the excavation, the length, width and depth of the proposed trench or excavation, and the purpose for which the same is done. In case the application is made by a company or corporation, the application shall be made by its president, superintendent, or manager, and it shall contain the names of the persons under whose supervision or direction the proposed excavation is to be made.
(Ord. 98-10. Passed 2-3-98.)
(b) The application shall contain an agreement that the property owner, in the event the application is granted, will hold and save the City harmless from any and all claims or suits for damages for negligent or improper conduct of the proposed work, including the maintenance of proper barricades, danger signals, and adequate and sufficient illuminated danger signals at night, in conspicuous places for the protection of the public.
(c) The application shall also contain an agreement that the property owner, in the event the application is granted, shall restore the street, sidewalk, or other public grounds to a condition as good or better than the street, sidewalk, or public grounds was prior to the excavation made under the permit issued; and to insure that the street, sidewalk, or other public grounds be properly restored, the owner, person, firm, or corporation making application for permit shall post a bond with the Director of Public Service and Safety with at least 2 sureties or a corporate surety company as sureties thereon in the sum of not less than $500.00 conditioned to save the City harmless from all damages arising from excavation, that the work be done in a good and workmanlike manner, and that the conditions upon which the permit is granted will be complied with to the satisfaction of the Director of Public Service and Safety of the City.
(d) When an application under this chapter is granted, the application therefore, the bond and the permit issued by the Director of Public Service and Safety shall constitute an agreement by the applicant and the City upon payment to the City by the applicant of a permit fee. The City Council shall, by ordinance, establish a schedule of fees for all applications for all permits. The schedule of fees shall be posted in the office of the Zoning Inspector and may be altered or amended only by City Council. The fee shall accompany each completed application. No action shall be taken on any application until such time that all applicable fees are paid in full. (1979 Code 93.01)