905.03 EXCAVATIONS LIMITED.

   (a)   No person shall make any opening in, break, tear up, excavate or remove the surface of any street, avenue, alley or other public way, or any portion thereof, in the City, in, on or upon any street, avenue, alley or other public way, which shall be built, paved, resurfaced or repaved with any material other than water bound macadam at any time within a period of five years after the building, paving resurfacing or repaving of the street or alley. The Director of Public Service and all other officers and departments of the City are hereby prohibited from granting any permits for any such openings, breaks, tearing up, excavation or removal within this period.

   (b)   However, the Director may, on account of any emergency affecting public health or public welfare, and which could not have been foreseen, suspend the operation of this five year rule as to any application for a permit, and in such cases, upon granting of the application, the work may be performed within the five year period; but the mere failure or neglect of the applicant, or other person, firm or corporation to lay or have laid mains, pipes, wires or connections or other means of transportation of utilities before the five year period, or the inconvenience, by reason of the failure or neglect, to property along the particular street or way described in the application shall not be considered to be an emergency.

   (c)   Where water mains or water pipes were laid along or to any lot or piece of property

previous to the beginning of the five year period, and, by reason of unforseen development, the water mains or service pipes have become, in the opinion of the Director, of inadequate size, then the Director may suspend the five year rule for the purpose of and to the extent necessary for the laying of larger water mains or larger service pipes in any street or other public way. The five year period shall be deemed to begin at the time of the completion and final acceptance by the City of any construction, paving, resurfacing or repaving.

   (d)    The provisions of this section and Sections 905.04 to 905.06 shall apply to all streets, avenues, alleys or other public ways, or any portion thereof, as described in this section but shall not include sidewalks .

(Ord. 325 -1917. Passed 7-16-17.)