(A) Excavation within the city limits upon, through, or beneath the right-of-way, easement, or location of utilities is prohibited without permit. Said permit shall be requested by the person or persons proposing the excavation from the City Utility Clerk. The application for permit must be in writing and state the exact location of the proposed excavation and made at least 24 hours in advance of the proposed excavation.
(B) The City Maintenance Foreman shall be entitled to inspect said permit on demand and monitor said excavation and terminate any said excavation if, in his or her discretion, it appears said excavation is likely to or could reasonably be expected to cause damage to any city system property or citizen or a proper permit is not presented on demand.
(C) Any person or persons aggrieved by a decision of the City Utility Clerk or the Maintenance Foreman for failure to issue a permit or terminate excavation shall have a right to appeal such a decision to the City Mayor. If, upon such appeal, no resolution satisfactory to the person aggrieved is had, such persons may appeal to the City Council, no later than the second regular meeting following the date of initial permit, rejection, or termination of excavation.
(D) Regardless of whether the persons conducting excavation with or without permits shall be responsible for any damage occurred in said excavation shall be borne of by the person excavating.
(E) Should any person or persons excavate without obtaining a permit as specified in this section, he or she shall be penalized civilly in the amount of no less than $100 per incident per day.
(Ord. 96-6, passed 6-11-1996)