(A) It shall be unlawful for any person to dig or excavate in or upon any street, alley, public way or municipal property of the city without first having obtained written consent from the city council.
(B) It shall be unlawful for any person to dig or in any manner make or cause to be dug or in any manner made, any hole, opening, trench or tunnel in, through or across or under any paving or macadamizing or any paved or macadamized streets in the city unless such person shall, before commencing any such work, or causing the same to be commenced, file with the city engineer a written statement setting forth the time when, place where and purpose for which such hole, opening, trench or tunnel is proposed to be made and used, and all work thereafter done in making or digging any such hole, opening, trench or tunnel; and refilling the same including the replacing and repairing of any pavement or macadamizing taken up or disturbed in the prosecution of such work shall be done under the supervision and to the satisfaction of the city engineer, and in such manner as to leave the street macadamizing and paving in as good condition after such work is finished and the ground settled, as before such work is commenced as nearly as possible. Nothing in this subsection shall be construed to extend the right to any person to make any hole, opening, trench, excavation or tunnel in, across or under any of the streets.
(C) Any person making or causing to be made any hole, opening, trench, tunnel or excavation, as set forth within the meaning of the preceding subsection, for any purpose in any paved or macadamized street in the city, shall, without any unnecessary delay, cause the same to be filled up to the proper level and grade of said macadamized or paved street, and in such filling the earth shall be tamped so that it shall be solid when filled up and shall not cave in, the filling and surface of such street shall be of the same material of which the macadamized or paved street is constructed, and shall be done in accordance with the plans and specifications under which said street or streets may have been originally macadamized or paved, and such filling and surface shall conform with the proper level of the street.
Whoever shall violate or fail to comply with the requirements of this subsection shall be deemed guilty of a misdemeanor and subject to penalty, and the city engineer is empowered and he shall forthwith cause said filling up or repairs to be made and completed as aforesaid, and the cost or expense thereof may be collected of the person whose duty it was to do the same, and recover it by a separate suit in the name of the city. (Ord. 227, 7-3-1978)