A. Permit. It is unlawful for any person to make any excavation in or to tunnel under any street, alley or other public place in the Village without a permit for such excavation.
B. Application for Permit; Qualifications. Applications for such a permit shall be made to the Director of Public Works, and shall state the location of the intended excavation, the size and purpose of such excavation, the person who will undertake the actual excavating and the name of the person for whom the work is to be done. The Director of Public Works shall not issue such permit to any person who is unfit or unqualified to engage in the class of work for which such permit is required.
C. Permit Fee. No permit shall be issued pursuant to this section without the payment to the Village of a fee for each excavation or tunnel to be set from time to time by resolution of the Village Council, and a deposit, if required by the Director of Public Works, equal to the estimated cost of restoring the street, ally or public place to its former condition. If a deposit is required it shall be returned to the applicant, except any amount determined by the Director after inspection of the premises, to be necessary to restore the street, alley or public place to its former condition.
D. Bond. The applicant for the permit required by this section shall also give a surety company bond or security in an amount to be fixed by the Director of Public Works, conditioned that he or she will suitably guard and protect any excavation or obstruction and defend, save and indemnify the Village from all actions, suits, costs, damages and expenses, including attorneys' fees, for or on account of any injuries or damages received or sustained by any party by or from acts or omissions of the applicant in doing such work or by or from the existence of such excavation, that he or she will carry out the work according to the terms and conditions of his or her application and permit; that he or she will pay the expense incurred in restoring such streets, alley or public places to their former condition, and complete such work as speedily as possible, and that when completed he or she will notify the Director of Public Works.
E. Manner of Excavating. Any person making any excavation or tunnel shall do so according to the terms and conditions of the application and permit authorizing the work to be done.
F. Replacement Charge. Each applicant for the permit required by this section shall pay to the Village at the time of making the application a sum in cash sufficient to cover the cost of refilling the excavations and relaying the pavement according to the estimate of the Director of Public Works. The refilling of all excavations and the restoring of pavements shall be made by the Village under the supervision of the Director of Public Works.
G. Public Safety Measures. It shall be the duty of every person excavating or constructing any improvement in any street, alley or other public place where such work if left exposed might prove to be dangerous to pedestrians or vehicles, to erect a barrier or fence at such excavation or other work in such a manner as to avoid danger to pedestrians or vehicles that may be traveling over such area, and to continue and maintain such barrier or fence until the work is completed or the obstruction or danger removed. Such person shall place a sufficient number of warning lights at such excavation or other work through the night.
This section shall apply also to all public or Village officers engaged in performing any work on behalf of the Village, in the course of which obstructions shall be placed or excavations made in the public streets.
(Prior code § 7.13)