(A) Permit required. It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley, right-of-way or other public place in the city without having obtained a permit as is hereby required, or without complying with the provisions of this subchapter or in violation of the terms of any permit.
(B) Permit application. Applications for the permits shall be made on the prescribed forms to the Clerk Treasurer’s Office at the City Office Building and shall describe the location and size of the intended excavation or tunnel, the purpose therefor, the person, firm or corporation doing the actual work, the person, firm or corporation for whom the work is being accomplished, and any and all additional information as the permit form may require. Where work is to be accomplished in state- or federally-controlled rights-of-way, state or federal permits, as may be required by the work, shall be obtained as a condition of applying for the city permit.
(C) Permit fees. Permit applicants shall pay a permit fee in the sum of $25 at the time of application.
(D) Bond, insurance.
(1) No such permit shall be issued unless and until the applicant therefor has filed with the clerk a bond in the sum of $5,000 conditioned to indemnify the city for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such runnel or excavation, or the violation of any provision of this subchapter. Such bond shall have as surety a corporation licensed to do business in the state as a surety company. No permit shall be issued unless and until the applicant has filed with the Clerk-Treasurer a certificate of insurance conditioned to indemnify the city for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any tunnel or excavation. The certificate shall name the city as the additional insured and identify the city as a certificate holder. The limits of the coverage(s) required shall be as specified in the city’s minimum insurance requirements, as listed on permit application form, which is available in the office of the city’s Clerk-Treasurer.
(2) No permit shall be issued unless and until the applicant has agreed, in writing, to indemnify and hold harmless the city and its employees for any loss, liability or damage that may result or accrue from or because of the applicant’s negligence in making the excavations, or providing the necessary barriers and warning devices, or disregarding any legitimate order of the Street Commissioner or his or her agents relating to any excavation or tunnel controlled by this subchapter.
(Ord. 2011-18, passed 8-4-2011) Penalty, see § 94.20