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A. Definitions: For the purposes of this section, certain terms and words are hereby defined as follows:
EMERGENCY: Any condition which may cause an interruption of essential services provided by underground utility lines or which may result in death or injury to persons or property due to disruption or damage to underground utility lines.
EXCAVATE: The movement or removal of earth, fill, or pavement using manual or mechanized equipment or blasting including, but not limited to, augering, backfilling, digging, ditching, drilling, grading, plowing, ripping, scraping, trenching and tunnelling.
PUBLIC: Streets, alleys, sidewalks, parks and other nonprivate property owned or possessed or controlled by the City.
SUPERINTENDENT: Superintendent of Public Works of the City of Keithsburg.
UTILITY OPERATOR: Any person or entity which furnishes or transports materials or services by means of a utility line, including the City of Keithsburg and City franchised utilities.
B. Permit Requirements:
1. Permit Required: No person, other than a duly authorized City employee in the course of his employment, may undertake excavation of any public place in the City without first obtaining a permit therefor from the City. (Ord. 1979-5, 8-13-1979)
2. Application For Permit: Any person who proposes to do any work as prohibited in subsection B1 of this section shall, at least twenty four (24) hours in advance of such work, first apply to the Superintendent of Public Works for a permit. Such application shall describe the location and extent of such work, the object thereof, and the approximate time necessary to complete the same. A twenty five dollar ($25.00) application fee shall accompany the application.
3. Bond Required: Each applicant for an excavation permit shall file a bond conditioned to indemnify the City for a loss or damage resulting from the work undertaken or the manner in doing the same. The amount of such bond shall be determined by the Superintendent, but shall at least be such sum as shall guarantee the entire expense of replacement, reconstruction or filling of any work permitted hereunder. Such bond shall in no event be less than ten thousand dollars ($10,000.00). (Ord. 1979-5, 8-13-1979; amd. 2018 Code)
4. Conditions Of Granting Permit: The Superintendent shall verify the site and feasibility of the proposed work and determine whether utility operators maintain underground lines in the area of the proposed work. Upon posting of the required bond herein mentioned and a determination that the work can be safely performed, the Superintendent shall issue the permit subject to the following conditions:
a. That the site be returned to at least its former condition at the applicant's expense.
b. That all replacement and reconstruction work shall be done under the direction of and subject to the approval of the Superintendent, and the materials used therein shall be such as the Superintendent shall designate. (Ord. 1979-5, 8-13-1979)
C. Notice To Utility Companies: The permit applicant shall be responsible for giving notice to all utility operators who maintain underground utility lines in the area of the proposed excavation at least twenty four (24) hours prior to commencement of such work. Such notice shall include the applicant's name, address, telephone number, location of the proposed work, date and approximate time work is to commence, depth of the proposed work, general nature of the work, and any other pertinent information demanded by the utility operator. (Ord. 1979-5, 8-13-1979; amd. 2018 Code)
D. Exceptions: The requirements of this section shall not apply to a person acting as or for a City franchised utility operator; provided, however, that this exception shall not excuse the utility operator from any liability for damage caused by his negligence.
E. Emergency Procedures: When, in the opinion of the Superintendent, an emergency exists making compliance with the twenty four (24) hour prior application condition of subsection B2 of this section and the twenty four (24) hour notice provision of subsection C of this section impractical due to danger of imminent damage to persons or property, such time provisions can be reduced to that time necessary to notify utility operators. (Ord. 1979-5, 8-13-1979)
F. Penalty: Any person who shall violate, disobey, omit, neglect, or refuse to comply with or who resists enforcement of any of the provisions of this section shall be subject to a fine as provided in section 1-4-1 of this Code for each offense, and each day on which a violation continues shall constitute a separate offense. (Ord. 1979-5, 8-13-1979; amd. 2018 Code)