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A. Each person making an excavation or disturbance in the parking of any street, avenue or highway in front of or abutting property not owned by the person employing the permittee under this chapter, shall preserve and protect all sod, trees and shrubbery, and shall restore the parking to a condition as nearly equivalent to its original condition as is possible, and to the satisfaction of the city engineer, and the permittee shall, upon notice by the city engineer, make such restoration or repairs as ordered by the city engineer, within five (5) days after the notice to do so, at any time within a period of one year from the date the permit was issued, and in case the permittee shall fail to make the ordered restoration or repair within such time, the city may make the repair or restoration, without further notice, and the permittee shall be liable to the city for the cost of the repair or restoration.
B. Whenever any excavation is made in parkings, all excavated material, except the sod, shall be deposited in the roadway. At the time of making and compacting the backfill the street commissioner shall replace the sod, if it has been properly excavated and preserved. (Rev. Ord. 1782, Comp. 1941, p. S-20)
A. Size Of Excavation Not Increased; Exception: No person shall increase the size of any excavation by opening it more than fifty percent (50%) of the area provided for in the permit issued pursuant to this chapter, or to extend the dimensions of the excavation to such extent that the street, avenue or alley will be blockaded, without obtaining the permission therefor from the city engineer.
B. Tunnelling: Tunnelling will be allowed only when permission is given by the city engineer, except under curbs and gutters, or sidewalks not over five feet four inches (5'4") in width, and whenever tunnelling is resorted to, it shall be done with the minimum amount of excavation possible. The charge to be made in estimating or figuring costs for tunnelling shall be twenty cents ($0.20) per square foot based on the trench width for the excavation for which estimated or measured, except when the tunnel backfilling is done by the permission and under the direction of the city engineer. In case any pavement or sidewalk becomes unsupported, due to caving or any other cause, to the extent that, in the opinion of the street commissioner, backfilling and compacting cannot be made in a satisfactory manner, it shall be removed and charged for according to the rates established by the city council for backfilling.
C. Pushing Or Jacking Pipe Under Roadways: Pushing or jacking cast-iron pipe service sewer under roadways will be permitted, providing the cast-iron pipe is left uncovered at each end so that it can be readily ascertained that no excavation was made by tunnelling. In case cast-iron pipe is pushed through an existing service sewer, each end of the existing sewer shall be closed against the cast-iron pipe with cement mortar.
D. Segregation Of Excavated Paving Materials: Any person excavating in wood block or brick pavements, or in rock or gravel, or in surfaced roadways shall pile such wood block, brick or gravel in a pile convenient for the city's use, and separate from other excavated materials. (Rev. Ord. 1783, Comp. 1941, p. S-20)
A. Notice To Commence: Immediately upon completion of the work for which the excavation in any street, alley, avenue or highway has been made, the person securing the permit issued pursuant to this chapter shall notify the street commissioner that the excavation is ready to be backfilled, giving the exact location of the cut. The street commissioner shall do all of the backfilling and mechanically compact the backfill of all excavation for which permits are issued, except those cases provided for in subsection 7-2-3B of this title, and except that portion necessary to cover pipe to a depth not exceeding one foot (1'). The street commissioner shall also make all of the necessary repairs to pavements, sidewalks or surfaced roadways due to excavations for which permits required by this chapter are issued, and shall report the measurements of the excavation to the city engineer.
B. Replacement Of Unsuitable Backfill Materials: Whenever the street commissioner shall find that the excavated materials from an excavation are unsuitable, due to moisture or any other cause, the street commissioner shall remove the unsuitable material and replace and compact the backfill with suitable materials.
C. Backfilling Tight Sheathed Excavations; Use Of Sand: Whenever an excavation made in paving is of such nature that tight sheathing is required, the backfill shall be made with dry sand, as the sheathing is being removed, and in no case shall any sheathing be pulled above the dry sand backfill before the backfill is completed. The street department shall furnish and deliver the dry sand and remove the excavated material and the person obtaining the permit required by this chapter shall place the backfill and remove the sheathing, under the supervision of the street commissioner. (Rev. Ord. 1783, Comp. 1941, p. S-20)
The person obtaining the permit required by this chapter shall protect the excavation with barricades and red lights from the time the work is started until twenty four (24) hours after eight o'clock (8:00) A.M. of the day following the serving of notice on the street commissioner to commence backfilling, unless the street commissioner has started the work of backfilling before that time. (Rev. Ord. 1783, Comp. 1941, p. S-20)
Notes
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A. Improper Preparation For Backfilling: Whenever an excavation reported ready for backfilling is found by the street commissioner to have been backfilled more than one foot (1') above the top of a pipe, the street commissioner shall remove whatever part of said backfill he may deem necessary to properly compact the backfill, in which case the person obtaining the permit required by this chapter shall be liable to the city for the city's costs incident to properly preparing the excavation for backfilling, and shall be billed for the costs, in the manner provided in this chapter.
B. Premature Request Of City Backfilling Services: Whenever an excavation is reported ready for backfilling at a certain time, and the street department sends employees and equipment to the site, and the excavation is not ready for backfilling, the person who obtained the permit required by this chapter shall be liable to the city for the cost incident to making the unnecessary trip, and shall be billed for costs in the manner provided in this chapter. (Rev. Ord. 1783, Comp. 1941, p. S-20)
A. Any person who shall have made an excavation in any street, alley or highway within the city shall be billed for the costs of repairing the roadways and pavements, and backfilling excavations, on the basis of the rates set up by the city council and on file in the office of the city engineer, and from the measurements of the street department. The bills shall be issued monthly on or before the fifth day of the month following that in which the work was done, and the amount of the bills shall be paid to the city clerk on or before the fifteenth day of the month in which the bill was issued.
B. The unit prices for street repairs and backfilling, as established by the city council, are for work which is paid for on or before the fifteenth day of the month following that in which the work was done. The unit prices for work not paid for on or before the fifteenth day of the month following shall be ten percent (10%) more than the unit prices for work paid for on or before the fifteenth day of the month in which the bill was issued.
C. Any person who shall have failed to pay any bill for street repair or backfilling on or before the fifteenth day of the month in which the bill was issued shall be refused any further permits required by this chapter until such bill has been paid. (Rev. Ord. 1783, Comp. 1941, p. S-20)
Any person violating the provisions of this chapter, and any person excavating in any of the streets of the city without first procuring a permit therefor, or who shall excavate in the streets of the city without complying with the conditions of this chapter shall be guilty of an offense, and shall be liable for all damage sustained by the city and by any other person. Any person who shall have violated the provisions of this chapter shall be refused any further permits required by this chapter until he has complied with all of the provisions of this chapter. (Rev. Ord. 1783, Comp. 1941, p. S-20)