A. Permit Requirements; Fee: No street, alley or public way shall be opened by any person, firm or corporation unless a permit therefor is first obtained from the building inspector of the city for the same fee as specified in section 1-9-5 of this code, to cover the expense of supervision and inspection as provided in the following subsections:
1. Hot Mix Asphalt: No permit for opening any street, alley or public way shall be issued for any portion of any street which has been permanently surfaced with hot mix asphalt for a period of five (5) years from the date of surfacing and concrete for a period of ten (10) years from the date of surfacing, except for emergency repairs to existing underground utilities.
2. Bonds Of Insurance: Before engaging in any work in opening any street, alley, or public way, or receiving a permit or permits to do such work, the person, firm or corporation shall execute unto the city, and deposit with the building inspector, a bond with two (2) or more sureties, or an indemnity bond, to be approved by the building inspector in the sum of one thousand dollars ($1,000.00) or certified check for the sum of two hundred dollars ($200.00) conditional that he or they will perform faithfully all work with due care and skill and in accordance with the law, ordinances, rules and regulations governing the installation of such work. The bond shall state that the person, firm or corporation will indemnify the city, and save it harmless against all damages, costs, expenses, outlay and claims of every nature and kind, arising out of any unskillfulness or negligence on his or their part in connection with the work being done as prescribed in this section. Such bonds shall remain in force until twelve (12) months after the date of issuance of permit; provided that if the sureties on such bonds or any of them shall become insolvent or remove from the state, the building inspector shall require a new bond before granting any further permits to such obliger. The above requirements may be waived, providing the applicant can show proof that he or they have public liability insurance adequate to cover all the above indemnities.
3. Abatement By City: Under prior law, certain acts and responsibilities were required of those persons, firms or corporations receiving permits under this section. Should any of these permit holders have neglected or refused to properly close the streets as required by prior law when such law was in effect, and the city has to do or has done the repair or closing as required by prior law, the actual cost thereof shall be charged to said person, firm or corporation who opened the street or public way. No further permit for the opening of a street or public way shall be granted to any person, firm or corporation unless all such costs charged or to be charged to said person, firm or corporation have been paid.
B. Opening Trench In Street: In opening any street or other public way, all materials for paving or ballasting shall be removed with the least possible injury or loss of the same and, together with the excavated material from trenches, shall be placed where the least practicable inconvenience to the public will be caused and admit the free passage of water along the gutters. The opening shall be made in accordance with safe practices formula (depth x 2) in a uniform manner and shall be done under the supervision of the street superintendent. All spoils shall be removed from the site and shall not be reused as fdl material.
C. Closing Of Opening In Street:
1. Upon completion of work for which the street was opened, and completion of backfiling as required by subsection C2 of this section, the building inspector shall immediately give notice to the superintendent of the street department of that fact.
2. The repair of the opening in a street shall be done by the city except that the permit holder shall backfill to grade level. In so refilling the opening, the earth must be laid in layers and compacted to two thousand (2,000) pounds per square foot to prevent settling. All water, sewer or gas pipes must be protected from injury or settling in a manner satisfactory to the street superintendent.
3. There shall be paid to the city inspection department by the permit applicant prior to the issuance of the permit a nonrefundable fee to cover the repair of the street by the city. This fee includes the cost of replacing curb and gutter and the replacing of road surface, but does not include the cost of replacing sidewalk which is the responsibility of the property owner. The fee shall be as follows:
a. Summer rate for repair of the street opening (April 2 through October 31) as specified in section 1-9-5 of this code.
b. Winter rate for repair of the street opening (November 1 through April 1) as specified in section 1-9-5 of this code.
4. Notwithstanding the requirements of subsections C2 and C3 of this section, the public works director, in his discretion, may elect to have the permit holder, and not the city, repair the opening in the street. In such a circumstance, the permit holder shall not be charged for the street opening but will still be required to pay the permit fee established in subsection A of this section.
D. Protection Of Public: Every person, firm or corporation who opens any street or public way must enclose each street opening which he may make in the streets or public ways with sufficient barriers. Warning lights must be kept burning from sunset to sunrise; one warning light to be placed at intervals of ten feet (10'). All necessary precautions shall be taken to guard the public effectually from accidents or damages to persons or property from the beginning to the end of the work. Any such person, firm or corporation will be held liable for all damages, including the costs incurred by the city in defending any action brought against it for damages and costs of an appeal that may result from the neglect of his employees or himself of any necessary precautions against injury or damage to person, vehicle or property of any kind.
E. Exception to Permit Requirement. Contractors performing excavation or installation work while under city contract or performing work otherwise requested by the city are not required to obtain a permit under this chapter for such work unless a pennit is specifically required by the city. Excavations performed by the department of public works are also not required to obtain a permit under this chapter.
F. Penalty: Each day this section may be violated shall constitute a separate offense subject to the penalty as provided. (1975 Code Ch. 6 § V; Ord. 2023-13, 4-3-2023)