(A) Whenever the City Commission enacts any ordinance or resolution providing for the paving or repaving of any street, the Street Superintendent shall promptly mail a written notice thereof to each person owning any sewer, main, conduit, or other utility in or under the street or any real property, whether improved or unimproved, abutting the street. The notice shall notify the persons that no excavation permit shall be issued for openings, cuts, or excavations in the street for a period of 2 years after the date of the enactment of the ordinance or resolution, except as provided in this section. The notice shall also notify the persons that applications for excavation permits for work to be done prior to the paving or repaving shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 45 days from the date of the enactment of the ordinance or resolution. The Street Superintendent shall also promptly mail copies of the notice to the occupants of all houses, buildings, and other structures abutting the street for their information, and to state agencies, city departments, and other persons who may desire to perform excavation work in the city street.
(B) Within the 45 days from the enactment of the paving or repaving ordinance or resolution, every public utility company receiving notice as prescribed herein shall perform the excavation work, subject to the provisions of §§ 93.030 et seq., 93.050 et seq., 93.070 et seq., 93.090 et seq., and 93.105 et seq., as may be necessary to install or repair sewers, mains, conduits, or other utility installations. In the event any owner of real property abutting the streets shall fail within the 45 days to perform the excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of the owner or his or her successors in interest to make openings, cuts, or excavations in the street shall be barred for a period of 2 years from the date of enactment of the ordinance or resolution. During the 2-year period no excavation permit shall be issued to open, cut, or excavate in the street, unless, in the judgment of the Street Superintendent, an emergency, as described in §§ 93.030 et seq., 93.050 et seq., 93.070 et seq., 93.090 et seq., and 93.105 et seq. exists, which makes it absolutely essential that the excavation permit be issued.
(C) Every city department or official charged with responsibility for any work that may necessitate any opening, cut, or excavation in the street is directed to take appropriate measures to perform the excavation work within the 45-day period so as to avoid the necessity for making any openings, cuts, or excavations in the new pavement in the city street during the 2-year period.
(1981 Code, § 24-53)