(A) (1) No person shall be permitted to cut, dig or remove by any other means, any portion of any sealed surface street located within the city.
(2) The city shall be the only authorized entity to bore the streets, although the city may authorize a private contractor to work on or bore beneath the streets of the city.
(B) Persons requiring cuts of, or boring beneath, the pavement of the streets shall pay the city for the cuts or bores, and a bond shall be filed to ensure payment for the work.
(C) Any plumber or other person desiring to cross under any public street, alley, sidewalk or other public ground, whether paved, graveled, graded or not, in the city for any purpose whatever, shall first obtain a permit from the City Manager or his or her designated representative and, where economically feasible, shall cross under the same by boring under the public street, alley, sidewalk or other public ground.
(D) Where not economically feasible to cross under any public street, alley, sidewalk or other public ground in the city, as set out hereinabove, upon prior approval given by the City Manager, any plumber or other person desiring to cut into or in any manner open any public street, alley, sidewalk or other public ground, whether paved, graveled, graded or not, in the city, for any purpose whatever, shall first obtain a permit from the City Manager or his or her designated representative to cut or open the street, alley, sidewalk or other public ground.
(E) Prior to the issuance of a permit as required herein, the City Manager or his or her designated representative may require a deposit in an amount sufficient to refill and repair the requested cut or opening in accordance with the requirements of divisions (I) through (K) below. All deposits shall be made with the City Treasurer and shall be held in a special fund. The deposit shall be released to the permit holder upon certification by the City Manager or his or her designated representative that refilling and repairing of the cut or opening has been performed in accordance with the requirements of divisions (F) through (K) below.
(F) It shall be the duty of the permit holder to comply with the provisions of divisions (D) and (E) above and (I) through (K) below and all work required shall be completed immediately.
(G) After satisfactory refill and repair as required by divisions (I) through (K) below, it shall be the responsibility of the permit holder to immediately perform any and all subsequent refill, repair and maintenance on the cuts or openings for a period of 12 months from the date of the permit, upon notice from the City Manager, or his or her designated representative.
(H) Upon failure of the permit holder to make adequate refill and repair as required by this subchapter, the city may refill or repair or secure the work by contract, with the cost of the work being assessed against the permit holder. Failure of the permit holder to pay costs shall be grounds for denial of any and all future permits required by divisions (D) and (E) above, and the permit holder shall be subject to all other penalties provided for in this chapter.
(I) When any street, alley, sidewalk or other public ground has been cut or opened for any purpose, the permit holder shall refill and repair the cut or opening, pursuant to the engineer’s drawing and specifications shown hereinbelow.
(J) All surfaces shall be restored with similar materials and workmanship as originally existed prior to the cut or opening and shall be subject to the approval of the City Manager, or his or her designated representative.
(K) All dirt and other materials taken from the cut or opening shall be hauled away by the permit holder.
(L) In all cases where the surface of the street, alley, sidewalk or other public ground is disturbed, the party so cutting into the opening shall maintain suitable barricades and shall place lights at night to protect persons from danger.
(2002 Code, § 150.57) Penalty, see § 10.99