(A) Permit required; procedure. It is hereby declared to be unlawful for any person, whether or not operating under a franchise or contract, to excavate the surface or the ground beneath the surface of any street, avenue or alley without making a written application for a permit from the Building Inspector and the payment of a fee associated therewith. The applicant for a permit shall specify in the application the location, extent and character of the work proposed to be done and the time when it is to be done.
(B) Permit terms; time limit. Permits issued pursuant to this chapter shall be numbered consecutively and each shall be valid for a period of ten days. No work shall be done under any such permit after the expiration of such ten days. Each permit shall contain the name of the party authorized to use the same, the time limit within which the same may be used and the location and nature of the work to be done.
(C) Pavement breaking by sawing. It is unlawful for any person to break paving except by sawing to a depth of at least two inches; provided, however, sawing is not required if the paving is partially granite or if permission is obtained from the Street Superintendent to break by means other than sawing.
(D) Refilling by city; charges.
(1) Where any permit is issued for excavating in any street, avenue or alley (excluding that area commonly called the parkway, being that area between the curb line and the lot line), all work of replacing paving, filling trenches or holes and tamping in the same shall be done by the Public Works Department or its representatives.
(2) The charges for replacing concrete or brick paving where cuts have been made for installing sewer, water, gas or conduits of any nature, whether telephone, electric or otherwise, and for filling in excavations in unpaved streets, avenues and alleys and tamping the same with a mechanical tamper shall be set by resolution of the City Council and kept on file in the office of the City Clerk.
(3) Tunneling or undercutting is not permitted, and if such does occur, the holder of the permit shall be penalized on a square foot basis on all tunneling or undercutting.
(4) When it is necessary to remove material unfit for filling trenches and substitute suitable material, there shall be an extra charge based on the time required for the removal and replacement of such material.
(E) Refilling measurement. All excavations regulated by this chapter shall be measured by the Street Superintendent before filling. Such measurements shall be reported to the City Clerk, who shall check such figures with the minimum charge. Where excavations are larger than set forth according to the minimum charge, the City Clerk shall collect for such excavations according to the schedule as set forth in division (D) above.
(F) Refilling parkway area.
(1) Where any permit is obtained for the excavating in any street, avenue or alley, which includes the parkway (being that area between the curb line and the lot line), all work of replacing any paving, filling any trenches or holes, tamping and reseeding in such parkway shall be done by the plumber or other person having the permit. Replacement of the parkway excavation shall be done in a workmanlike manner so that the area excavated shall be returned substantially to its previous condition. This shall include the repaving or replacing of sidewalk, reseeding or resodding and appropriate tamping, all as may be necessary, to restore such parkway to its previous condition.
(2) Such parkway area between curb line and lot line is the property of the city, and the plumber or other excavator when working in such area shall comply with all applicable provisions of this code and all appropriate ordinances, resolutions and rules governing the use of streets, avenues and alleys and particularly shall comply with division (G) below.
(G) Permit requirements, notice. Permits pursuant to this chapter shall be issued only to bonded and/or insured persons. Back charges shall be paid immediately and no permit shall be issued to anyone who has an unpaid charge hereunder. The holder of each permit shall notify the Public Works Department not later than 1:00 p.m. every Friday of any excavations that have been inspected and are ready to fill. The holder of each permit shall light and maintain until the following Monday all excavations not reported by 1:00 p.m. Friday. Such person shall provide, at his or her own expense, substantial barricades with his or her name clearly marked thereon. These barricades shall be Type II of the federal Manual on Uniform Traffic Control Devices for streets and highways. In addition to the barricades, sufficient lights shall be used to protect the public.
(H) Inspections. The Building Inspector shall make such inspections as are necessary to determine whether the work performed by any plumber pursuant to this section is in accordance with the requirements of the same. If the Building Inspector determines that the replacement of any parkway excavation is not performed in compliance herewith, he or she shall immediately notify said plumber to correct the deficiency. If the plumber shall fail to do so, the Public Works Department shall make a report in writing, which shall be placed on the agenda for the consideration of the Mayor and Council.
(I) Bond required. Every person engaged in excavating the streets, avenues, alleys or other public places of the city for the purpose of laying, removing or repairing gas mains or pipes is hereby required to file with the City Clerk and have approved by the Mayor and Council a bond, payable to the city, with two or more good and sufficient sureties or reputable surety company as surety in the sum of $5,000, conditioned that such person will indemnify and keep harmless the city from any liability for damages or injuries to persons or property arising from any negligence or mismanagement in doing or protecting such work, and that such person will restore the streets, sidewalks and pavements over all pipes laid or repaired, and fill all excavations made by him or her so as to leave such streets, avenues, alleys and public places in their original condition so far as practicable, and keep and maintain the same in good order to the satisfaction of the Public Works Department for a period of 90 days thereafter. Such bond shall be for the period ending on April 1 following and shall be renewable annually on or before April 1. The regulations contained in this section are in addition to those contained elsewhere in this chapter and shall not be construed to modify, alter, waive or repeal any other provision of this chapter.
(J) Unprotected, dangerous. No person shall excavate on any lot or part of a lot contiguous to any sidewalk and leave the same open and exposed in such a manner as to endanger the safety of any person passing along any street, avenue or sidewalks therein or adjacent thereto.
(Prior Code, § 5-204) Penalty, see § 153.999
Statutory reference:
Similar provisions, see Neb. Rev. Stat. § 17-567