(a) Permit Required. Any person, group of persons, partnership, company, or corporation who shall make or cause to be made any excavation within the limits of the improved portion of any public road, street, highway, avenue, or alley within the corporate limits of the Municipality shall obtain a permit authorizing same prior to starting work on any such excavation.
(Ord. 45-66. Passed 10-24-66.)
(b) Application for Permit. Application for such permit shall be made to the Administrator accompanied by a statement setting forth the total length and width of all portions of the excavation proposed, the total square foot area of all surface to be disturbed or removed for the excavation work, and the exact location for which a permit is requested. The application shall be made on forms supplied by the Municipality.
(c) Certified Check or Bond Required. No permit shall be issued by the Administrator until there has been filed with him a certified check or a bond, acceptable to the Administrator and the Solicitor, in the total sum of one thousand dollars ($1,000) for all surface to be disturbed or removed, as determined by the statement required by subsection (b) hereof. The certified check or bond shall guarantee to the Municipality 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 Administrator, and that the surface will be maintained by the person, etc. replacing same for a period of one year after the completion of the excavation and resurfacing work. The Administrator 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 Administrator shall be authorized to proceed with the repair of such 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 bond. Any bond submitted in accordance herewith shall refer to this section by number.
(Ord. 11-90. Passed 8-6-90.)
(d) Exemption for Public Utilities. All public utilities shall be exempt from the requirements provided for in subsection (c) hereof 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 shall fail to restore properly the surface, the Mayor may restore the surface at the expense of the public utility.
(e) Emergency Situations. In any case where a real and actual emergency exists, making it necessary for an excavation to be made within the limits set forth above to correct the excavation situation, it shall be permissible for the excavation to be made immediately; provided that the permit application, bond, or check, and all fees required by this section shall be in the hands of the Mayor within seventy-two hours, Saturdays, Sundays, and legal holidays excepted.
(f) Protection of Vicinity; Guards, Warning Lights. Any person, group of persons, partnership, firm, or corporation causing any excavation to be made within any street rights of way shall protect all adjacent property or premises from damage of any kind during the progress of the work, and shall erect and maintain guards and warning lights around the work in such a way as to afford protection and shall be solely liable and answerable for any and all damages, suits, claims, liability, or judgments to person or property and shall protect the Municipality, its officers, agents, employees against any and 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 aforesaid limits.
(Ord. 45-66. Passed 10-24-66.)