§ 97.036 APPLICATION FOR PERMIT; FEES.
   (A)   Any person desiring a permit to excavate in any street, alley, sidewalk or public ground shall file with the City Clerk an application in writing giving his or her name and the names of any firm of which he or she may be a member; telephone number; description of property including address of location for curb cut; and, if a licensed plumber, a certificate from a duly qualified Board of Examiners in this state authorizing him or her to engage in or carry on the business of plumbing whether as a master plumber or an employing plumber or drain layer.
(Ord. 941, passed 6-17-98)
   (B)   A fee of $1,000 shall be required for any excavation in a public street. All applications shall be accompanied by a sketch showing the width of the proposed excavation along with dimensions to the nearest lot lines. The applicant shall have three days from the date the application is made and deposit paid to complete the excavation and repair the street as noted herein. After excavation, the applicant shall place 12 inches of sand over the entire section of exposure. Then the applicant shall fill the excavation with flowable fill to a level eight inches below the crown of a brick or concrete street surface or ten inches below the crown of an asphalt street surface. The applicant shall then install Ca-6 to fill the rest of the excavation to the top of the road surface. When the applicant has finished this work, he or she shall notify the city of such fact. The city shall then wait three days to allow for settlement. After which the City Superintendent of Streets and Water shall inspect the excavation site. If the Superintendent determines that the excavation repairs are not in compliance with this section, then the applicant shall make whatever corrections are deemed necessary by the Superintendent. When the Superintendent deems the repairs to conform to the requirements of this section, he or she shall sign on the application at the appropriate location. Thereafter, the applicant may present the application at City Hall for a refund of one-half of the application fee. Once the applicant has received his or her refund, the city shall assume all maintenance of the excavation. If the applicant fails to comply with the terms of this section, he or she may, at the discretion of the Commissioner of Streets and Improvements, forfeit some, or all, of the refundable portion of the application fee.
   (C)   A fee of $6 per square foot shall be required for any excavation in a public sidewalk. All applications shall be accompanied by a sketch showing the width of the proposed excavation along with dimensions to the nearest lot lines. The applicant shall have three days from the date the application is made and deposit paid to complete the excavation and repair the sidewalk as noted herein. After excavation, the applicant shall place sand or flowable fill in the entire excavation area up to the height sufficient to allow the replacement sidewalk to be poured on top (four inches for regular sidewalk, six inches for driveway). When the applicant has finished this work, he or she shall notify the city of such fact. The city shall then wait three days to allow for settlement. After which the City Superintendent of Streets and Water shall inspect the excavation site. The City Superintendent may thereafter require the applicant to perform one or more of the following: make corrections deemed necessary by the Superintendent; construct a temporary sidewalk with Ca-6; leave the excavation as is to allow the city to construct a permanent replacement sidewalk. When the Superintendent deems the repairs to conform to the requirements of this section, he or she shall sign on the application at the appropriate location. Thereafter, the applicant may present the application at City Hall for a refund of one-half of the application fee. Once the applicant has received his or her refund, the city shall assume all maintenance of the sidewalk. If the applicant fails to comply with the terms of this section, he or she may, at the discretion of the Commissioner of Streets and Improvements, forfeit some, or all, of the refundable portion of the application fee.
   (D)   A fee of $24 per lineal foot shall be required for an excavation in a public curb. The applicant shall have three days from the date the application is made and deposit paid to complete the excavation and repair the curb as noted herein. A curb cut shall be accomplished by either removing the existing curb and gutter pan in its entirety and replacing the section with a new depressed curb or by saw-cutting the existing curbing to the proper shape of the depressed type curb. Removal of a curb section by breaking or hammering of the curb back is not permissible. All applications shall be accompanied by a sketch showing the width of the proposed curb cut along with dimensions to the nearest lot lines. All curb cuts must be approved and completed prior to starting construction at a site. No heavy equipment, construction equipment, and/or concrete trucks shall be allowed to cross over a curb prior to it being properly cut and/or installed. After excavation, the applicant shall place flowable fill in the entire excavation area up to the height sufficient to allow the replacement curb. When the applicant has finished this work, he or she shall notify the city of such fact. The city shall then wait three days to allow for settlement. After which the City Superintendent of Streets and Water shall inspect the excavation site. The City Superintendent may thereafter require the applicant to perform one or more of the following: make corrections deemed necessary by the Superintendent; construct a temporary curb with Ca-6; leave the excavation as is to allow the city to construct a permanent replacement curb. When the Superintendent deems the repairs to conform to the requirements of this section, he or she shall sign on the application at the appropriate location. Thereafter, the applicant may present the application at City Hall for a refund of one-half of the application fee. Once the applicant has received his or her refund, the city shall assume all maintenance of the curb. If the applicant fails to comply with the terms of this section, he or she may, at the discretion of the Commissioner of Streets and Improvements, forfeit some, or all, of the refundable portion of the application fee.
   (E)   Failure to apply, pay for, and obtain, the necessary permits before excavating in any street, alley, sidewalk or public ground, shall result in the imposition of a fee that is three times the fee provided for herein. Further, the person, company, corporation or other entity failing to obtain the proper permit shall pay all costs and fees of the city in enforcing this section, including attorney fees, court costs, publication fees and any other fees associated with the enforcement action.
(Ord. 941, passed 6-17-98; Am. Ord. 1155, passed 3-17-04; Am. Ord. 1234, passed 1-18-06)