Section
151.01 Definitions
151.02 Utility excavation permit
151.03 Application for permit
151.04 Permit fee
151.05 Utility excavation placard
151.06 Surety bond
151.07 Exemption from surety bond
151.08 Public Works Director
151.09 Emergency action
151.10 Non-completion or abandonment
151.11 Insurance
151.12 Indemnification
151.13 Exemption from fee payment and insurance provisions
151.14 Refusal of permits
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely discretionary.
APPLICANT. Any person making written application to the Public Works Director for an excavation permit hereunder.
EXCAVATION WORK. The excavation and other work permitted related to water distribution, wastewater collection, and stormwater collection and distribution under a utility excavation permit and required to be performed under this chapter.
PERMITTEE. Any person or company who has been granted and has in full force and effect a utility excavation permit issued hereunder.
PUBLIC WORKS DIRECTOR. The Public Works Director of the city or his or her authorized representative.
STREET. Any street, highway, sidewalk, alley, avenue, or other public right-of-way or grounds or public easements in the city.
(Prior Code, § 8-2-1) (Ord. 549, passed 2-27-2012)
It shall be unlawful for any person to dig up, break, excavate, tunnel, drill, bore, undermine, or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street or to place, deposit, or leave upon any street any earth or excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained a utility excavation permit therefor from the Public Works Director as herein provided.
(Prior Code, § 8-2-2) (Ord. 549, passed 2-27-2012) Penalty, see § 10.99
(A) No utility excavation permit shall be issued unless a written application for the issuance of a utility excavation permit on forms provided for that purpose is submitted to the Public Works Director. The written application shall state the name, address, and phone number of the applicant, the nature, location, and purpose of the excavation, and date of commencement and date of completion of the excavation, and other data as may reasonably be required by the Public Works Director.
(B) If required by the Public Works Director, the application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to the excavation and of the proposed excavated surfaces, the location of the excavation work, and the other information as may be prescribed by the Public Works Director.
(Prior Code, § 8-2-3) (Ord. 549, passed 2-27-2012)
Upon approval of the application for the utility excavation permit by the Public Works Director, the applicant shall pay a fee set by the City Council to the city to cover reasonable costs for the issuance of the utility excavation permit.
(Prior Code, § 8-2-4) (Ord. 549, passed 2-27-2012)
The Public Works Director shall provide each permittee, at the time the permit is issued, a suitable placard which shall state the permittee’s name, the permit number, and the date of expiration. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit the placard at or about any excavation not covered by the permit or to misrepresent the permit number of the date of expiration.
(Prior Code, § 8-2-5) (Ord. 549, passed 2-27-2012) Penalty, see § 10.99
Before a utility excavation permit is issued, the applicant shall deposit with the Clerk a surety bond in the amount of $2,000 in favor of the city or one-and-a-half times the estimated cost of any excavation(s) and restoration, whichever is greater:
(A) With good and sufficient surety by a surety company authorized to do business in the state;
(B) Satisfactory to the City Attorney in form and substance;
(C) Conditioned that the applicant will faithfully comply with all the terms and conditions of this chapter; all rules, regulations, and requirements pursuant thereto and as required by the Public Works Director; and all reasonable requirements of the Public Works Director; and
(D) (1) Conditioned that the applicant will secure and hold the city and its officers harmless against any and all claims, judgements, or other costs arising from the excavation permit or for which the city, the City Council, or any city officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee.
(2) Recovery on the surety bond for any injury or accident shall not exhaust the bond, but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given.
(3) In the event of any suit or claim against the city by reason of the negligence or default of the permittee, upon the city given written notice to the permittee of such suit or claim, any final judgment against the city requiring it to pay for such damage shall be conclusive upon the permittee and his or her surety.
(4) An annual bond may be given under this provision which shall remain in force for one year, conditioned as above, in the amount specified herein and in other respects as specified herein but applicable as to all excavation work in streets by the permitted during the term of one year from the date.
(Prior Code, § 8-2-6) (Ord. 549, passed 2-27-2012)
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