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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)
The surety bond provisions shall not apply to any excavation made under a contract awarded by the city or made by the city, or to any excavation performed directly by any public utility permitted to operate within the city limits, franchise or otherwise, for the purpose of supplying natural gas, electric, or telephone services. This exception only applies to excavation performed directly by the public utility, and a surety bond is required if work is performed by a subcontractor of any public utility.
(Prior Code, § 8-2-7)
(A) All work done pursuant to a utility excavation permit issued under the provisions of this chapter shall be performed under the direction and to the satisfaction of the Public Works Director or his or her duly authorized agent.
(B) The Public Works Director shall prepare the regulations with respect to excavations within any street and shall modify them with respect to particular work as the Public Works Director shall deem necessary or advisable to protect the public from injury, to prevent damage to public or private property, and to minimize interference with the public use of the streets.
(C) Regulations promulgated by the Public Works Director shall be approved by the City Council after notice of hearing and a copy of the regulations shall be given to each permittee upon issuance of the street excavation permit.
(D) Regulations promulgated by the Public Works Director may include:
(1) Requirement that all public utilities be notified by the permittee of permittee’s intent to make a street excavation giving notice of time, place, and purpose of the excavation;
(2) Requirement that the permittee shall have the duty of determining the location and depth of all existing underground facilities;
(3) Manner and method of backfilling street excavation and procedure to be followed in compacting backfilled material;
(4) Specifications as to material to be used in backfilling street excavation;
(5) Manner and method of making street excavation, including procedures to safeguard and protect adjoining and adjacent property and existing underground and above ground facilities; and
(6) Requirements for restoration of street surfaces.
(E) Special provisions shall be made for simplifying procedures and supervision in respect to excavations by franchised utilities.
(Prior Code, § 8-2-8) (Ord. 549, passed 2-27-2012)
(A) In the event of any emergency in which a main, conduit, or utility facility in or under any street breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health, or safety of any individual, the person owning or controlling the main, conduit, or utility facility without first applying for and obtaining a utility excavation permit hereunder shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health, and safety of individuals.
(B) However, the person owning or controlling the facility shall apply for a utility excavation permit not later than the end of the next succeeding day during which the Public Works Director’s office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
(Prior Code, § 8-2-9) (Ord. 549, passed 2-27-2012)
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