It shall be unlawful for any person to construct, reconstruct, alter or repair any street, sidewalk, alley, driveway approach or curb, or to make any excavation or opening in any street, alley or public highway in the city without first having obtained a permit from the Director of Public Works to do so.
(A) Application. The application for permit to do any such construction, reconstruction, alteration, repair, or to make any excavation, or opening in any of the streets, sidewalks, alleys or public highways shall be made to the Director of Public Works and shall state clearly the name of the street or highway in which the excavation or opening is proposed, the exact location in the street or highway wherein it is proposed to make the opening, the purpose of making the opening, and the name of the person who proposes to make the excavation or opening; provided, however, if the person making the excavation or opening in the highway is a corporation or business entity, the person shall provide the city with the name, address and telephone number of the agent to be contacted by the city in connection with the work. Notice to the agent shall constitute notice to the person, corporation or other legal entity for whom the agent acts.
(B) Estimate; bond. The Director of Public Works shall estimate the probable cost of repairing, tamping, packing, constructing, repaving or surfacing the soil, fill, base or pavement which may be removed from the public street or highway where the proposed excavation or opening is to be made, and shall require the applicant to file a written bond, with two or more sufficient sureties, in an amount sufficient to cover the cost; conditioned that the street be restored in as good a condition as it was before the excavation or opening therein was made. The bond shall be received and approved by the Director of Public Works. If the applicant elects to do so, he or she may make a cash deposit in such sum as may be fixed by the Director of Public Works in lieu of written bond. Provided, however, if the person making the application for permit is a provider of public utility service, holding a valid franchise from the city, the utility may make a blanket bond in the amount of $1,000 payable to the city, and the requirement of a new bond for each site of excavation or opening in a street or road shall be waived with respect to the provider of utility service until such time as the estimated cost to repair all excavations open or unrepaired by the utility exceeds the amount of the bond.
(C) Issuance. When the bond or deposit required in division (B) above shall have been accepted by the Director of Public Works, he or she shall then issue a permit for the excavation or opening named in the application, and the applicant may then proceed with the work in the exact location designated in his or her application and in no other space.
(D) Protection of the public. It shall be the duty of any person making an excavation in any street in the city to adequately and sufficiently protect all excavations by barricades or other obstructions, including but not less than one light or reflectorized barricade on each side of the excavation during the nighttime so as to prevent accidents or injuries to personal property, until such time as the excavation is resurfaced and approved by the Director of Public Works. The city may, but is not obligated to, erect the barricades, provide the lights, and do other things necessary to properly warn the public. Any work done by the city or expenses incurred by the city in the protection of the public, which results because of a failure of the person opening the excavation, shall be charged to the person and collectible against the bond posted.
(E) Supervision of the work. All of the work of excavation or making any character of opening in any of the streets, alleys or highways of the city, shall, at all times, be under the supervision of the Director of Public Works, and the person or persons doing the work shall do the same in a manner directed by the Director of Public Works, to the end that the streets and highways of the city shall not be unduly disturbed or traffic thereon obstructed.
(F) Completion of work. After the excavation or opening shall have been made, the person so making it shall backfill the excavation or opening with the material and in such manner, including but not limited to, tamping, packing or rolling, as the Director of Public Works may require, and shall leave the street or highway in at least the same condition as it was before the opening was made.
(G) Inspection of the work. The conditions of the bond required in division (B) above shall not be considered to have been complied with until the Director of Public Works has inspected the street or highway and determined same to be in satisfactory condition. In the event that the person making the opening shall fail to leave the highway in a good state of repair, satisfactory to the Director of Public Works, the Director of Public Works shall call upon the bondsperson to pay the cost of repairing the highway; provided, however, that in the event of a cash deposit instead of a bond, the Director of Public Works may proceed to have the street or other property put in good condition, paying for the same out of the deposit made by the person; and, if there be any remainder of the deposit after payment for the work, the remainder shall be refunded to the person making the deposit.
(H) Time limit. Unless otherwise specified by the Director of Public Works, with the approval of the City Council, permit issued hereunder shall be valid for a period of 30 days. If at the end of this 30-day period the work for which the excavation or opening was made cannot be reasonably completed, the person holding the permit shall advise the Director of Public Works in writing of the additional time necessary and a date for completion. The Director of Public Works may extend the permit period for 15 days in his or her own discretion. If a permit period in excess of 15 additional days is required to complete the work, the Director of Public Works may extend the period only with the approval of the City Council. Failure to close and fully repair an opening or excavation within the permit period shall constitute an offense under this subchapter.
(1985 Code, § 17-109) Penalty, see § 94.99