(A) It shall be unlawful for any person to make, or cause or permit to be made, any excavation in any unimproved public street, alley or other public place, for the purpose of removing soil or gravel therefrom, or to remove or to cause or permit to be removed therefrom, any soil or gravel, without first obtaining a permit in writing from the Street Superintendent to do so, as provided in this section.
(B) Any person desiring to remove any soil or gravel from any unimproved public street, alley or other public place, or to make any excavation therein for the purpose of removing soil or gravel therefrom, shall make a written application therefor to the Street Superintendent, which application shall state the place where such excavation is proposed to be made or where such soil or gravel is proposed to be removed, the extent of such proposed excavation and the quantity of soil or gravel proposed to be removed. The Street Superintendent shall have power to grant or refuse such permit as in his or her judgment the public interest or convenience may require. If such application is granted, the Street Superintendent shall issue a written permit to the applicant therefor, which permit shall specify the place where such excavation may be made and the extent thereof, or the place from which soil or gravel may be removed and the quantity to be removed, and the time within which such work shall be commenced, done and completed; provided, however, that if the grade of any such unimproved public street, or alley, or other public place has been established, no permit shall be issued to make any excavation therein, or to remove any soil or gravel therefrom below the established grade, and provided further, that no material shall be removed from any public street, alley or other public place in such a manner as to render such street, alley or other public place impassable or dangerous to public travel.
(C) Before any permit is granted pursuant to the provisions of this section, the applicant therefor shall pay to the City Clerk the sum of $0.05 per lineal foot of street, alley or other public place along which a permit to excavate is issued, and shall also make a deposit with the City Clerk to cover the cost of inspection, as specified in this section. Such applicant shall also secure and deliver to the City Clerk a good and sufficient bond in favor of the city with two or more sureties to be approved by the City Clerk, in such amount as the City Clerk shall determine, which bond shall be conditioned that the work to be done pursuant to such permit shall be performed in a good and workmanlike manner, in strict accordance with the provisions of this chapter and to the satisfaction of the Street Superintendent. Such bond shall also be conditioned that the person named in the permit will save the city harmless from any and all loss or damage that may be sustained by any person by reason of the making of such excavation or the removal of such soil or gravel. Such bond shall inure to the benefit of any person who shall sustain any loss, damage or injury by reason of the making of such excavation or the removal of such soil or gravel.
(D) No such permit shall be issued unless there is first filed with the Street Superintendent a waiver of damages, signed by all owners of property fronting upon that portion of the street along which it is proposed to excavate or to remove soil or gravel.
(E) The making of all excavations in and the removal of all soil or gravel from streets, alleys or other public places pursuant to the provisions of this section, shall be at all times done to the satisfaction of the Street Superintendent and subject to the satisfaction of said Street Superintendent and subject to the inspection and supervision of said Street Superintendent, who shall designate an inspector therefor. The amount of the deposit to cover the cost of such inspection and supervision shall be the sum of $1 for each 100 lineal feet or fraction thereof, of each street, alley or other public place to be excavated or from which soil or gravel is to be removed; provided, however, that no deposit to cover the cost of such inspection shall be less than $10 under any permit issued in accordance with the provisions of this section. The city shall retain such deposit until the work of excavating in or removing soil or gravel from such unimproved street, alley or other public place shall have been completed. It shall then deduct from such deposit the cost of such inspection as shall have been necessary to determine that the provisions of this chapter have been strictly complied with, and shall thereafter return and refund to the person making such deposit the balance of such deposit after the deductions hereby authorized shall have been made, provided however, that such return or refund shall be audited and paid in the same manner that other demands against the city are audited and paid.
(`83 Code, § 12.08.120)