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(A) Streets.
(1) Application and map. Pursuant to the provisions of KRS 85.140, authority to establish street regulations, whenever it becomes necessary to open any of the streets of the city through excavating or digging, the person desiring to do the work shall make application to the City Clerk for permission to do so, and shall accompany the application with a map or diagram showing the place where the street is to be opened, the width and depth of the excavation, the estimated length of time the street is to remain open, and the name of the person whose property is to benefit by reason of the opening excavation.
(2) Restoration of street. Every person making application for permission to open or excavate any street in the city shall agree to restore the street to the same condition that it was prior to the opening or excavation, to keep this portion of the street in repair for a period of one year after the opening or excavation, and to assume liability for any injuries sustained by any person, or damages to any property, caused by reason of the opening or excavation.
(3) Bond required.
(a) Every application shall be accompanied by a bond to the city in the amount of $10,000 signed by the applicant and a surety company registered under the laws of the Commonwealth of Kentucky.
(b) This bond shall specify that in the event the city is sued because of injuries sustained, or property damaged by reason of such excavation, the principal and surety in the bond will, to the extent of $10,000, pay any judgment obtained by the claimant, and will pay the court cost and attorneys’ fees incurred by the city.
(B) Driveways; storm drainage pipes under driveways.
(1) The minimum requirements for storm drainage entrance pipes under driveways connecting with the various streets shall meet the Kenton County Subdivision Regulations. No entrance pipe shall have an inside diameter of less than 12 inches.
(2) Before storm drainage entrance pipes are placed under any driveway, a permit shall be obtained from the city. Such work shall proceed under the direction of the City Engineer. At the discretion of the City Council, any entrance pipe installed contrary to the provisions of this section may be ordered removed at the cost of the owner of the abutting property.
(C) Street use; use of heavy equipment. Pursuant to KRS 189.190 and KRS 189.221 and 189.222:
(1) It shall be unlawful for any person, firm or corporation to operate any bulldozer or other vehicle equipped with metal tracks or treads or any vehicle equipped with metal wheels fitted with lugs on the streets of the city so that the tracks, treads, or wheels with lugs are in contact with pavement of the streets.
(2) Any person who violates this division shall be fined not less than $100 or more than $500 for each conviction. Each incident of violation shall constitute a separate offense.
(D) Littering. Pursuant to KRS 224.905 through KRS 244.970:
(1) No person, firm or corporation shall litter or cause to be placed on any city street or public way of the city any litter, yard waste, dirt, trash, rubbish, refuse, mud, soil, or similar debris or allow or permit the above to remain on any city street or public way of the city for more than 12 hours without removing it and cleaning and clearing the street or public way so that it is restored to its original condition prior to the littering.
(2) Any person, firm or corporation convicted of violating this section shall be fined not less than $100 nor more than $500. Each day that the violation continues shall be a separate offense.
(Ord. 2003-8; passed 6-26-2003)
Each permit for making an opening shall be confined to a single project and shall be issued by the authorized city official. Application shall be made on a form prescribed by the legislative body, giving the exact location of the proposed opening, the kind of paving, the area and depth to be excavated and such other facts as may be provided for. The permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posted with the authorized city official, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
(`96 Code, § 91.21)
(A) The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the authorized city official, and in accordance with rules, regulations and specifications approved by the legislative body.
(B) Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the city may proceed without notice to make the fill and restoration and the deposit referred to in § 90.20 shall be forfeited. Thereupon the deposit shall be paid into the appropriate city fund, except such part demanded and paid to the permittee as the difference between the deposit and the charges of the city for restoration services performed by it. If the amount of the services performed by the city should exceed the amount of the deposit, the Clerk-Treasurer or other proper administrative officer shall proceed to collect the remainder due from the permittee.
(`96 Code, § 91.22)
Any person engaged in or employing others in excavating or opening any street, sidewalk, alley or other public way shall have the excavation or opening fully barricaded at all times to prevent injury to persons or animals.
(`96 Code, § 91.23) Penalty, see § 90.99
Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley or other public way, at all times during the night season, shall install and maintain at least two illuminated red lamps which shall be securely and conspicuously posted on, at or near each end of the obstruction or excavation and, if the space involved exceeds 50 feet in extent, at least one additional lamp for each added 50 feet or portion thereof excavated or obstructed.
(`96 Code, § 91.24) Penalty, see § 90.99
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