(A) It shall be unlawful for any person, firm or corporation to excavate in any part of the street, alley or public way in the town without first having completed and application and obtaining a permit from the Clerk-Treasurer.
(B) The application shall be signed by the owner of the lot or part of lot on which such building is to be erected, from which lot said work is to commence or said lot in connection with which said work is being done and/or to be done, which application shall state the proposed location, and state fully and minutely the kind of building to be erected or excavation to be made, the principal materials to be used in the construction of said building and the kind and size of tile and/or drainage material to be used and when and where proposed to be connected, and said Town Council shall thereupon order the Clerk-Treasurer to issue a permit to said applicant allowing him or her to make such proposed improvements, excavations, changes, structure, work, drain and/or sewer and designate what portion of the street, alley or sidewalk may be cut, dug into, broken and/or excavated, and where thereon building material may be placed; provided, the same does not violate any sections of this section, any state law and/or does not interfere with any public works being done by the town in pursuance of law and does not interfere with the rights of other people, unduly obstruct traffic and/or is not otherwise dangerous to the public. The Council shall not issue a permit to any person to connect or tap into any sewer with a larger size drain and/or sewer than is provided by the plans and specifications for said sewer, in event said sewer is in process of construction and/or if the same would, in the opinion of the Town Engineer, carry material injurious to the proper use of said sewer for the purpose for which the same was built and/or intended or for the purpose for which said sewer is being constructed; provided further that, said applicant shall sign an agreement with sufficient surety thereon, to the approval of the Council, guaranteeing that any building, buildings, excavations, diggings, repairing, changes, sewer connections, places where material is deposited and any injuries to public property and/or land, streets, alleys, sidewalks, sewers and/or surfaces thereof, so injured or damaged in connection with said work shall be put in as good a condition as they were before said work was done and within 30 days after the completion thereof and that all materials so deposited shall be removed therefrom within 30 days after the completion of the work for which said permit is granted. Said applicant and his or her surety shall not be released from their bond unless and until the Street Commissioner and/or the Engineer has accepted the condition of said property and/or abutting public property, streets, alleys, sidewalks and surfaces thereof and/or sewers connected with has been properly replaced and/or repaired where injury or damage has been done and that this section has been fully complied with and that no other ordinance and/or statute has been violated in connection with said work. Said agreement and bond of the applicant shall further provide that the property owner will properly safeguard all work done in connection with said permit and that the town will be save harmless from all loss or payment of damages or costs in defending any suits by reason of the negligent acts and/or alleged negligent acts of said applicant or person or persons, corporation, associations, firm, partnership or other entity or employer contracted with in connection with the work provided for in said permit.
(Prior Code, Title III, Ch. II, Art. III) Penalty, see § 151.99