(A) Whenever the City Council enacts any ordinance or resolution providing for the paving or repaving of any street, the Director of Public Works or his or her designee shall promptly mail a written notice thereof to each person owning any sewer, main, conduit or other utility in or under said street or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons that no excavation permit, other than for emergency repairs, shall be issued for openings, cuts or excavations in said street for a period of five years after the date of enactment of such ordinance or resolution, except in extraordinary circumstances approved by the Council. Such notice shall also notify such persons that applications for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 90 days from the date of enactment of such ordinance or resolution. The Director of Public Works or his or her designee shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to state agencies and city departments or other persons that may desire to perform excavation work in said city street.
(B) Within said 90 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this subchapter, as may be necessary to install or repair sewers, mains, conduits or other utility installations. In the event any owner of real property abutting said street shall fail within said 90 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his or her successors in interest to make openings, cuts or excavations in said street shall be forfeited for a period of five years from the date of enactment of said ordinance or resolution. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street unless, in the judgment of the Director of Public Works or his or her designee, an emergency as described in this subchapter exists which makes it absolutely essential that the excavation permit be used and the permit is approved by the Council.
(C) Every city department or official charged with responsibility for any work that may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation work within 90 days from the date of enactment of an ordinance or resolution providing for the paving or repaving of any street so as to avoid, if possible, the necessity for making any openings, cuts or excavations in the new pavement in said city street during said five-year period.
(Prior Code, § K-5-31) Penalty, see § 151.999
Statutory reference:
Related provisions, see SDCL §§ 9-30-1 and 9-45-1