CHAPTER XII. PUBLIC PROPERTYCHAPTER XII. PUBLIC PROPERTY\ARTICLE 4. EXCAVATION

No person, other than authorized city employees, shall dig or excavate any hole, ditch, trench or tunnel in or under any street, alley, sidewalk, park or other public property or public easement through private property without first having secured a permit for such excavation. Application shall be made to the city clerk.

(Ord. 859, Sec. 1)

(a)   No permit authorized in this article shall be issued until the applicant has given to the city a good and sufficient bond in the sum of $5,000 conditioned that the applicant will faithfully comply with all the terms and conditions of this article, and will indemnify and hold the city harmless against all cost, expenses, damages and injuries by persons or by the city sustained by reason of the carelessness or negligence of the permit holder. No bond for this purpose shall run for longer than two years without being renewed. The bond shall remain in full force and effect as to each excavation for two years after the same has been made or completed.

(b)   Any utility operating under a franchise or a contractor under contract with the city of municipal improvement shall not be required to give bond as provided in subsection (a).

(c)   Each bond given under this section shall be approved by the city attorney and filed with the city clerk.

(d)   The requirement of a bond set forth in this section shall not apply to any landowner who wants to excavate on his or her own property within the city limits.

(Ord. 859, Sec. 2)

If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $10. Each permit issued under the provisions of this section shall cover only one specified excavation.

(Ord.859, Sec. 3)

Any person to whom an excavation permit is issued shall enclose all excavations which they make with sufficient barricades and danger signs at all times, and shall maintain sufficient warning lights or flares at nighttime. The holder of an excavation permit shall take all necessary precautions to guard the public against all accidents from the beginning of the work to the completions of the same.

(Ord. 859, Sec. 4)

It shall be unlawful for any person, except those having authority from the city or any officer thereof to throw down, interfere with or remove any barriers, barricades, or lights placed in any street to guard and warn the traveling public of any construction work thereon or adjacent thereto.

(Ord. 859, Sec. 5)

(a)   No person shall cut any curb, gutter, pavement, blacktop, sidewalk or excavate any street, alley or other public grounds of the city for any purpose without first obtaining a permit authorizing the same from the city clerk.

(b)   Once the work for which the excavation was made has been completed the city shall restore the pavement, blacktop, sidewalk or other surfacing at the expense of the person from whom the excavation was made.

(c)   In lieu of the city replacing pavement, it may elect to authorize utility companies or contractors to resurface streets or sidewalks with like material, subject to approval of the street superintendent.

(Ord. 859, Sec. 6)