(a) Permit Required. No person, firm, business entity, partnership, corporation, public utility or governmental agency may excavate or break into any street, alley or sidewalk within the City without first having obtained a permit therefor from the Director of Public Works. Subject to the provisions of this section, no permit for such excavation shall be denied any public utility company, so long as the company is in full compliance with all conditions imposed upon it by law.
(b) Drawings Required. Plans and specifications showing the location and extent of work (including the restoration of the streets, alleys and/or sidewalks affected thereby) shall be submitted with the permit application and shall become a part of the permit.
(Ord. 0-623. Passed 7-23-96.)
(c) Repairs to be Under Supervision of Director of Public Works and Completed Within Reasonable Time. All excavations of any street, sidewalk or alley shall be completed within such reasonable time as is determined by the Director of Public Works or his designee, taking into consideration the nature of the work to be performed, weather conditions and other relative factors. Upon completion of the excavation and the work to be performed, the street, sidewalk or alley and any attendant curb or gutter shall be refilled, repaired and replaced in such manner and upon such conditions as may be imposed in such permit by the Director or his designee, and shall at a minimum meet the standards and specifications of the current West Virginia Department of Transportation, Division of Highways, 2010 Edition, Typical Sections and Related Details, with August 1, 2013 revisions included, and any future editions or revisions thereto, Standard Specifications for Roads and Bridges; provided however that the holder of such permit shall not be required to alter the as-built design of such street, alley or sidewalk as the same existed prior to the issuance of such permit. The Director or his designee shall have the right, and is hereby empowered to supervise and inspect any work during its progress. (Ord. 0- 1585. Passed 2-27-18.)
(d) City Authorized to Complete Work and Obtain Reimbursement. In the event any person, firm, business entity, corporation, public utility or governmental agency fails to complete all work as specified in such permit, the City is authorized to complete the work and to be reimbursed therefor for the total costs thereof, including materials and labor, from the person, firm, business entity, corporation, public utility or governmental agency in whose name such permit was issued. An itemized and correct statement of the actual cost to the City of protecting the opening, relaying the pavement and such other work as was necessary to put the street, sidewalk or alley in as good a condition as before the opening was made, shall be provided to the permitholder. Such statement shall be due when rendered, bear interest at such rate as is authorized by law, and a civil action may be instituted thereon in an appropriate court of competent jurisdiction to secure payment of the same.
(Ord. 0-1585. Passed 2-27-18.)
(e) Performance Bonds.
(1) No permit required by Section 545.02 (a) shall be granted until the applicant therefor shall have executed and delivered to the City a cash bond in the amount hereinafter fixed. The amount of such cash bond shall be two thousand dollars ($2,000) for each opening or twenty-five thousand dollars ($25,000) for an indefinite number of openings for a twelve (12)-month period. The bond shall be given upon the condition that the principal will indemnify and save harmless the City from any loss, damages or expenses whatsoever, in any manner occasioned by or arising from the opening of any street, or way, or the work done in consequence thereof, or the manner of doing such work, and the bond shall remain in force for a period of twelve (12) months after the permanent restoration and resurfacing of each opening.
(2) Further, no permit required by Section 545.02 (a) shall be granted to any applicant therefor unless such applicant pays to the City all money then due to the City from such applicant for prior openings or excavations made or for any loss, damage or expense in any manner occasioned by or arising from the opening or excavations under prior permits issued to such applicant.
(Ord. 0-1721. Passed 12-13-22.)