(A) Generally. It shall be the duty of the City Clerk-Treasurer, upon the filing of the petition for the permit required by § 101.051, the approval of the bond and the payment of the money, as aforesaid, to issue to the petitioner a permit to make an excavation and do the work, and the permit shall describe the kind and location of the same. The permit shall only be issued after the petition has been reviewed by the Building Inspector and approved by the Board of Public Works and Safety.
(B) Restricted during certain period. No permit shall be issued for the digging into or excavation of any paved street, alley or sidewalk or any public place between December 1 of any year and the succeeding April 1, except by special permission of the Board of Public Works and Safety, which permission shall be based upon a petition filed as above stated; provided, however, that in an emergency in connection with utility service, the utility involved may be permitted to proceed before a permit is issued by informing the Building Inspector of the circumstances.
(C) Restricted during construction or guarantee period.
(1) In the event any person shall desire to cut into or excavate any pavement, street, alley or sidewalk during the construction thereof and before the same is accepted by the city officials or in cases where the improvement is subject to guarantee by any contractor or individual securing the permit who has constructed the same, no petition for opening, excavation or cutting into the street, alley or sidewalk shall be granted during the construction thereof, or during the guarantee period, unless the petitioner first secures the consent of the contractor or individual securing the permit who is constructing the same, or who has guaranteed the same. The consent must be in writing in which the contractor or individual securing the permit waives any and all rights he or she may have to object to the opening or excavation, and also in the consent the contractor or individual securing the permit shall agree that he or she will not hold the city liable to him or her in any way and that the consent will in no way impair or lessen his or her obligations to repair or rebuild the street, alley or sidewalk, or in any way change his or her obligations or guarantee; in these cases, any person desiring to petition for the entering into the improvement shall first obtain a consent and agreement from any Building Inspector, who will then grant a permit upon the compliance with the other terms of this subchapter.
(2) It shall be the duty of the Building Inspector, either in person or by deputy, to determine the proper location for the water, gas, sewer or other connections or conduits to be made, locate all sewer slants and taps and supervise the replacing of the excavations and pavement and see that all work in connection therewith is made and completed in a workmanlike manner, all dirt is hauled away by the petitioner, and clean sand or pea gravel is replaced in the excavation and settled by tamping or working with water.
(Prior Code, § 23-57) (Ord. passed 5-9-1910; Ord. 80-14, passed 8-25-1980)