(A) (1) It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain barriers and warning devices necessary of a type and in a manner required by the Street Commissioner for safety of the general public.
(2) The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as possible shall be maintained, at all times, so as to minimize inconvenience to the occupants of the adjoining property and to the general public.
(3) When traffic conditions permit, the Street Commissioner may permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary. The approval may require that the permittee give notification to various public agencies and to the general public. In such cases, approval shall not be valid until notice is given. Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic in accordance with the instructions of the Street Commissioner.
(B) (1) The excavation work shall be performed and conducted so as not to unnecessarily interfere with access to fire hydrants, fire stations, fire escapes or other vital equipment as designated by the Street Commissioner.
(2) The permittee shall not interfere with any existing utility without the consent of the superintendent in charge of the utility. If it becomes necessary to relocate an existing utility, this shall be done by the city department in charge.
(3) No facility owned by the city shall be moved to accommodate the permittee unless the cost of the work be borne by the permittee. In case any of the pipes, conduits, poles, wires or apparatus should be damaged, the permittee shall promptly notify the superintendent of the department in charge thereof.
(4) All damaged facilities shall be repaired by the department in charge of them and the expense of the repairs shall be charged to the permittee. It is the intent of this division (B) that permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of the facility damage.
(5) The only exception will be instances where damage is exclusively due to the negligence of the utility.
(6) The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage.
(C) (1) As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from the work.
(2) All clean up operations at the location of the excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Street Commissioner.
(3) From time to time, as may be ordered by the Street Commissioner and, in any event, immediately after completion of the work, the permittee shall, at his, her or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work and upon failure to do so within 24 hours after having been notified to do so by the Street Commissioner, the work may be done by the city and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof.
(D) After an excavation is commenced, the permittee shall proceed with diligence all excavation work covered by the excavation permit and shall promptly complete the work and restore the street to its original condition, or as near as may be, so as not to obstruct the public.
(E) It shall be unlawful for any person to place any building materials, lumber, brick, stone, earth, sand or gravel, or similar materials upon any street, alley, sidewalk or crosswalk in the city, except upon receiving a permit and complying with the other provisions of this subchapter.
(F) The duly appointed and acting Street Commissioner of the city upon notice to the Mayor is hereby authorized and empowered to close any streets or alley or any part thereof, located within and under the jurisdiction of the city to vehicle and/or pedestrian traffic, or to limit the use thereof by the public to the extent as he or she shall deem necessary and advisable to insure the safety of the citizens of the city.
(G) If the Street Commissioner determines that it is necessary to take any action provided for in division (F) above, the Street Commissioner shall cause the street or alley to be clearly posted, with weatherproof signs, at each public entrance to the street or alley being affected, informing the public of the restrictions placed upon the use of the street or alley, and that any unauthorized use thereof will subject the violator to prosecution under the provisions of this subchapter or any other appropriate title or statute.
(H) (1) The duly elected and acting Mayor of the city is hereby authorized and empowered, subject to the provisions set forth below, to close to the public, the site of any public construction or repair project undertaken by the city or any of its utility departments, by executive action, when he or she determines that the presence of unauthorized persons at the sites would be hazardous and dangerous to the health and safety of the workers at the sites, as well as the unauthorized persons.
(2) The Mayor may take the action as he or she deems necessary to secure the sites, including, but not limited to the use of police personnel to remove unauthorized individuals therefrom.
(3) The closing of streets for construction and/or repair sites by the Mayor, pursuant to this section, shall be in force until the completion of the construction or repair project, or until the next regular or special meeting of the Board of Public Works and Safety, at which time, affirmative action must be taken by the Board of Public Works and Safety for the closing to continue in effect.
(I) When the Mayor or Board of Public Works and Safety determines that it is necessary to take any action provided for in division (H) above, the Mayor shall instruct the appropriate department superintendents to, and the superintendents shall, cause the site affected to be clearly posted, with weather proof signs, at all normal entrances, informing the public that the site is closed to all individuals, except authorized personnel, and further that unauthorized individuals entering upon the site may be removed by force, and further, that the unauthorized individuals entering the site shall be subject to prosecution under the provisions of this subchapter and any other appropriate title or statute.
(Ord. 2011-18, passed 8-4-2011) Penalty, see § 94.20