It shall be unlawful for any person, firm, corporation or other entity other than bonded contractors holding contracts to do construction work for the city, to cut any sidewalk or pavement, or make any excavation in any of the streets, alleys, or other public grounds in the city, for the purpose of laying, repairing, or removing any pipes, underground wires, or other conduits, or for any other purpose not specifically mentioned herein, unless such person, firm, corporation or other entity shall have first obtained a permit from the city. The permit fee shall be as established by Chapter 17.
(Code 1971, Sec. 10-201; Code 2003)
The following persons, firms, corporations and other entities, shall be eligible to secure permits to cut sidewalks or pavement, and to make excavations in the streets, alleys, and other public grounds in the city:
(a) Any public utility corporation having a franchise to operate in any street, alley, or other public grounds of the city;
(b) Licensed plumbers and master drain layers licensed by the city;
(c) Any other person, firm, corporation or other entity: PROVIDED, that such other person, firm, corporation or other entity shall first file and maintain with the city clerk a certificate of insurance with a minimum of $500,000 coverage with the city named as an additional insured.
(Code 1971, Sec. 10-202; Code 1984; Code 2003)
Permits hereunder shall be issued to public utility corporations having a franchise to operate in any street, alley, or other public grounds of the city, upon the filing with the city, an application for such permit by such public utility corporation: PROVIDED, That statements based on fees hereinafter provided will be rendered upon the first of each calendar month for the amount due the city on all permits issued to such public utility corporations prior to the 15th day of the preceding calendar month, which statements shall be due and payable on or before the last day of the calendar month in which same are rendered. The permit fees are as established by Chapter 17 of the fee schedule.
(Code 1971, Sec. 10-203)
The building inspector shall make a thorough reinspection of all excavations whenever deemed advisable upon any premises within the city. When the excavation is found to be in noncompliance with this article, the person, firm, corporation or other entity owning or conducting the same shall be notified in writing and shall make the necessary changes required to bring the excavation into compliance with this article within the specified time in the notice. Upon failure to comply with the written notice, the building inspector is hereby authorized to delay construction or excavation until instructed by the building inspector that any further construction or excavation may resume or begin. Fees for reinspection are as stated in Chapter 17.
(Code 1984; Code 2003)
A sum in the amount of ten percent of the permit fee or fees shall be added to all permits for cutting sidewalk or pavement, for construction or repair of building foundations, to cover inspection of the excavation in preparation for backfilling as hereinafter provided.
(Code 1971, Sec. 10-205; Code 1984)
A fee shall be required for a permit to excavate in any unpaved street or portion of street, alley, or other public grounds, for the purpose of laying, repairing or removing any main pipes, underground wires, or other conduits, one such permit shall be required for each block or portion of block of street, alley, or other public grounds if the work is done with continuity. For the purpose of connecting, repairing or removing service pipes, underground wires or other conduits, or for any other purpose not specifically mentioned herein, one such permit shall be required for each connection unless such connection is made at the time of laying the main. Fees for Excavation Permits are as stated in Chapter 17.
(Code 1971, Sec. 10-206; Code 1984; Code 2003; Code 2007)
Any person, firm, corporation or other entity making excavations in any of the streets, alleys, or other public grounds in the city shall at all times after such work is commenced, up to and including the time when said work is completed and the cut is released to and accepted by the city for replacement or repair as provided in sections 13-218:222 maintain proper barricades, safety guards, and lights for the protection of the traveling public.
(Code 1971, Sec. 10-208)
All excavations where sidewalk or pavement has been cut, shall either be backfilled with sand which shall be flushed into place with water, or shall be backfilled with excavated material dampened and thoroughly tamped in six-(6) inch layers until its compaction is equal to one-hundred percent (100%) of that of the adjacent undisturbed soil. The sand shall be free of rock, dirt or trash and the excavation shall be filled to within six inches of the surface of the remainder of the sidewalk or pavement. The person, firm, corporation or other entity making the excavation shall replace the excavation in accordance with section 13-220. All surplus excavated material shall be removed from the location by the person, firm, corporation or other entity making the excavation.
(Code 1971, Sec. 10-209)
All excavations for the construction or repair of building foundations, where adjacent to any street or alley lines, shall, as soon as practicable, be thoroughly cleaned of all building or casual debris of any kind, inspected by the city inspector, then backfilled with sand, free from rock, dirt or trash and flushed into place with water. The building contractor, or the owner where there is no contractor, shall notify the city at least eight (8) hours in advance of the time he or she expects to have any such excavation ready for inspection and backfill.
(Code 1971, Sec. 10-210)
Any excavation in any street or alley which is less than four (4) feet from any existing pavement, curb or sidewalk, or where such pavement, curb or sidewalk has been ordered to be constructed by action of the governing body but not yet constructed, shall be backfilled with the excavated material, dampened and thoroughly tamped in six (6) inch layers until its compaction is equal to one-hundred percent (100%) of that of the adjacent undisturbed soil, or it shall be backfilled with sand which shall be flushed into place with water to within six (6) inches of the surface of the remainder of the sidewalk or pavement and the rest of the backfill shall be made of excavated material securely tamped and left flush with the surface. In any sodded area, the sod shall be carefully removed, then reset as the work is completed.
(Code 1971, Sec. 10-211)
The pavement portion of all street pavement cuts shall be excavated for a minimum distance of one (1) foot beyond the edges of the dirt excavation except that when one side of the pavement cut touches a gutter, the gutter pavement shall not be excavated. The dimensions of the pavement cut as given on the permit shall include the extra excavation of pavement beyond the edges of the dirt excavation, all material and workmanship shall conform to specifications on file in the office of the city engineer.
(Code 1971, Sec. 10-212)
All excavations in any used or traveled portion of any unimproved street or alley, except as provided in the preceding section may be backfilled with the excavated material: PROVIDED, that after completion of the backfill, it shall be compacted by rolling with heavy equipment and all surplus material shall be trimmed and removed from the line of the ditch.
(Code 1971, Sec. 10-213)
It shall be the duty of any person, firm, corporation or other entity making an excavation in any of the unimproved streets, alleys, or other public grounds in the city to backfill and maintain all trenches or ditches in a safe condition for the traveling public until the excavated material has reached final settlement.
(Code 1971, Sec. 10-214)
Any public utility company, contractor, public agency, plumber or other person, firm, corporation or other entity having a project which necessitates making an excavation in a paved street, which is classified and approved by ordinance or resolution as a through or right-of-way street, shall work continuously and diligently without interruption and without regard for regular hours of work on said project until the completion of the same, unless other arrangements are approved in writing by the public works director before commencement of the project.
(Code 1971, Sec. 10-215)
Excavation for the purpose of sections 13-207:222 shall be defined as any cut made in the existing pavement of the street.
(Code 1971, Sec. 10-216; Code 1984; Code 2003)
Work on an excavation made either as a result of obtaining a permit from the city to make such excavation or as a result of entering into a contract with the city shall be subject to the provisions of this article, except that contracts with the city for the complete repaving or resurfacing of an existing paved street shall be exempt from this provision.
(Code 1971, Sec. 10-217; Code 2003)
Any person, firm, corporation or other entity making excavations in any of the streets, alleys, or other public grounds in the city, shall at all times be liable to the city for damages arising by reason of any neglect or carelessness in any respect concerning said excavation prior to the time the cut is released to and accepted by the city for replacement and repair as provided in Sections 13-218:222 hereto, and shall indemnify, defend and hold the city harmless from all suits or claims or judgments for damages growing out of, arising from, or related to any negligent, intentional, wanton, reckless or other wrongful act or omission on the part of, or by, any person, firm, corporation, or other entity in making street cuts, excavations, erection or barricades, lights or other obstructions.
(Code 1971, Sec. 10-218; Code 2003)
Any person, firm, corporation or other entity when desiring to release to the city for replacement any sidewalk or curb or gutter or pavement cut, shall first notify the city, in writing, of such intent, but shall be responsible for any and all damages caused by the cut and shall be responsible for the maintenance of proper barricades, safety guards and lights for the protection of the traveling public for a period of twenty-four (24) hours after 8:00 a.m., of the next working day for city employees following such notice. When a notice is released to the city on Friday, the excavation shall be maintained through Sunday and/or any legal holiday or double holiday plus a period of eight (8) hours after 8:00 a.m. on the next working day for city employees following such Sunday, legal holiday or double holiday. When a permit is released to the city on the day before a legal holiday or double holiday, the excavation shall be maintained through Sunday and/or such legal holiday or double holiday plus a period of twenty-four (24) hours after 8:00 a.m., of the next working day for city employees following such Sunday, legal holiday or double holiday.
(Code 1971, Sec. 10-219; Code 2003)
If, during the period above provided after the notice of release is given for the replacement of sidewalk, curb, gutter or pavement, it is found that the backfill has not been properly made, then the person, firm, corporation or other entity making said excavation shall, upon notice from the public works director, correct the defect at once, notify the city in writing of such correction, and after notification, shall be responsible for the maintenance of proper barricades, safety guards and lights for the protection of the traveling public for an additional period of the same length of time as outlined in section 13-218.
(Code 1971, Sec. 10-220; Code 2003)
In replacement of all pavement, curb, gutter and sidewalk cuts, the person, firm, corporation or other entity making said cuts may, with the approval of the public works director or shall upon the order of the public works director contract with a paving contractor for the replacement, under inspection of the city inspector, of such cuts and shall be liable for the cost of replacing same, and for the maintenance of proper barricades, safety guards, and lights for the protection of the public during the operation. All material and workmanship shall conform to specifications on file in the office of the city engineer.
(Code 1971, Sec. 10-222; Code 1984; Code 2003)
The fees collected pursuant to this article shall be immediately transmitted to the city treasury and the issued permits shall serve as receipts. All such fees shall be credited to the general operating fund of the city.
(Code 1971, Sec. 10-224; Code 2003)
Any person, firm, corporation or other entity making any excavation in the streets, alleys, or public grounds of the city without first complying with the provisions of this article, or who violates any of the provisions of this article, shall be deemed guilty of a violation of this code and fined in accordance with the general penalty provisions in section 1-121 of this code. Each day the violation is committed or continued shall constitute a separate offense.
(Code 1971, Sec. 10-225; Code 1984; Code 2003)