(A) It shall be unlawful for any person to dig up or disturb any street, alley, paving or sidewalk which is now or hereafter to be laid in the city for the purpose of making any connection of any sewers, gas or water mains, or for any other purpose whatsoever, except in cases of extreme emergency, unless application be made to the City Code Inspector for permission therefor. All applications shall state the full name and address of the person making the application, shall designate the place, extent and purpose of the disturbance, and shall be accompanied by a fee as hereinafter provided or as in the opinion of the Code Inspector shall be sufficient to pay for the expenses of repaving the pavement or sidewalk. A public service corporation operating under a franchise from the city or under an indeterminate permit of the State Public Service Commission and any person or corporation operating a business where they regularly excavate streets or alleys for the purpose of construction of utility lines of all types to provide utility service shall give bond with surety, in the amount as in the opinion of the Board of Public works and Safety shall at all times be sufficient to cover all expenses connected with the repairing, including inspection of the work done, of the street, alley, or sidewalk; provided, however, that the Board of Public Works and Safety may discontinue the arrangement at any time and require a specific charge for each opening.
(B) Upon compliance of the terms hereof, the Code Inspector shall issue a permit authorizing the applicant to disturb, dig up or excavate in the pavement or sidewalk. The permit shall designate the extent of the disturbance and the length of time for which permission is granted. A copy of the permit shall be retained by the Code Inspector as part of his or her records.
(C) (1) Any person, except those who have given bond as authorized by this section, desiring to dig up, disturb or excavate the pavements or sidewalks in the city, in addition to making application in writing to the Code Inspector as herein above provided, shall pay the charges designated in division (2) below for openings for all classes of pavements, streets, avenues or alleys, and the money derived from the payment shall be applied by the city to repair and maintain the pavement so disturbed.
(2) The charge shall be $15 plus the rate of $5 per square foot disturbed, but in no event to be less than a minimum of 5 square feet disturbed or $25.
(D) The person to whom the permit has been issued, shall erect and maintain, at his or her own expense, all necessary guards and danger signals, shall furnish all necessary watchmen to protect the public during its progress, and shall assume all liability for accident or damage to persons or property that may occur in the course or by reason of the work, and if in the judgment of the Code Inspector it is necessary for the protection of the city, the applicant shall enter into a bond in an amount as the Code Inspector may deem proper agreeing to save the city harmless for all loss and damage by reason of the work on account of injury to persons or property.
(E) Upon the completion of the work, the applicants shall refill all trenches and excavations. All openings in streets or alleys shall be promptly filled with sand and evenly compacted throughout, ramming in thin layers while being put in or by flooding with water. Upon completion of the backfill, the applicant shall immediately place the pavement in a safe condition for traffic by laying a temporary pavement, properly supported with the top of the pavement flush with the pavement surface, and shall remove from the street, alley or sidewalk all unused material, refuse and dirt placed in the vicinity of the work resulting from its prosecution, shall restore the street or alley to a condition satisfactory to the Code Inspector, notifying the Code Inspector of the action. In case the work shall not be completed in the time limited in the permit, the city may, if it deems necessary, take steps to backfill the trench and/or replace the pavement over the opening for which the permit has been issued, and the applicant shall be responsible for payment to the city for this work. If an extension of time beyond the date is necessary for completion of the work, a new application shall be made and a new permit issued. All persons in charge of any work on the streets or alleys shall retain and have the permit in their possession at all times while so engaged. After the person to whom the permit has been issued has complied with the foregoing sections in all respects, the holder thereof shall be relieved from all further expense for repaving the street or alley, and shall not be held responsible for the upkeep and maintenance of the pavement from and after that date, except when a defect develops by reason of improper workmanship below the pavement itself.
(F) The surety bond given by any applicant pursuant to division (A) above shall be conditioned upon the faithful performance of the applicant in repairing the street, alley or sidewalk damaged by the excavation to the satisfaction of the Code Inspector within 30 days after the excavation has been made unless extension of time is granted by the Code Inspector.
(G) When a part of any street or alley is ordered improved by paving by the Board of Public Works and Safety, all persons desiring to lay any water or gas mains, electric, telephone or telegraph wires, or sewers, drains or other pipes in that part of the street or alley to be improved shall cause the same to be laid within 20 days after the passage of the final resolution ordering the improvement.
(H) It shall be the duty of the Board of Public Works and Safety to notify by mail all persons owning property abutting upon a street or alley ordered to be improved to make any and all service connections as provided in division (G) above. The failure of the Clerk-Treasurer to give the notice shall not relieve any person from compliance with the provisions herein contained.
(Ord. 566, passed 3-1-1982) Penalty, see § 10.99