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No permit shall be issued by the Director of Public Service until there has been filed with him a certified check or a bond, in the minimum amount of three hundred dollars ($300.00), plus an additional amount of ten dollars ($10.00) per square foot for all surface to be disturbed or removed in excess of thirty square feet as determined by the statement required by Section 901.02. The certified check or bond shall guarantee to the City that all surface disturbed or removed will be replaced within thirty days of the completion of the excavation work in a manner satisfactory to the Director of Public Service and that the surface will be maintained by the person replacing it for a period of one year after the completion of the excavation and resurfacing work. The Director shall have the authority to extend the thirty-day limit set forth above if, in his opinion, an extension is warranted by prevailing conditions of weather, temperature or traffic. In the event the surface is not restored as required herein, the Director is authorized to proceed with the repair of the surface after thirty days written notice has been given to the permit holder, and to cause any and all costs resulting therefrom, including inspection fees, to be paid out of the certified check or by the company issuing the bonds. Any bond submitted in accordance with the provisions of this section shall refer to this section by number.
(Ord. 108-84. Passed 12-10-84.)
All public utilities shall be exempt from the requirements provided for in Section 901.03 relating to the filing of a certified check or bond prior to the issuance of a permit. A public utility shall, however, restore the surface of any public road, street, highway, avenue or alley excavated by the public utility. In the event that any public utility fails to restore the surface properly, the Director of Public Service may restore the surface at the expense of the public utility.
(Ord. 574. Passed 10-28-57.)
In any case where a real and actual emergency exists, making it necessary for an excavation to be made within the limits provided in Section 901.01, it is permissible for such excavation to be made immediately, provided that the permit application, bond or check, and all fees required by Sections 901.01 to 901.07 are in the hands of the Director of Public Service within seventy-two hours, Saturdays, Sundays and legal holidays excepted.
(Ord. 390. Passed 10-31-55.)
Any person causing any excavation to be made within any street right of way shall:
(a) Protect all adjacent property or premises from damage of any kind during the progress of the work;
(b) Erect and maintain guards and warning lights around the work in such a way as to afford protection;
(1) Plated excavations shall have advance warning signs and lights; and
(2) Plates shall be secured as directed by the Superintendent of Streets.
(c) Be solely liable and answerable for any and all damages, suits, claims, liability or judgments to person or property; and
(d) Save harmless the City, its officers, agents or employees against all damages, suits, claims, liability, judgments or expenses which may accrue against the City, its officers, agents or employees occasioned by or growing out of any excavation made within the limits provided in Section 901.01.
In construction areas the developer and/or permit holder shall be solely responsible for all infractions of this section caused by himself, his subcontractors and all delivery people.
(Ord. 124-79. Passed 10-8-79.)
Any construction methods and materials used for any work authorized under the provisions of this chapter, or any other City ordinance, shall conform in every respect, except as modified by the City Engineer, to the provisions of the current Material and Construction Specifications of the Ohio Department of Transportation.
(Ord. 62-80. Passed 7-14-80.)
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