[Code 1955 §30-11; CC 1970 §29-10]
It shall be unlawful for any person to excavate in or under
any street, highway, boulevard, avenue, roadway, sidewalk, alley or
any other public highway without first having obtained a permit from
the Public Works Superintendent. The Public Works Superintendent shall
consider all applications for permits to excavate in or under any
street, highway, boulevard, roadway, avenue, sidewalk, alley or any
other public thoroughfare, and shall issue such permit if in his/her
opinion, the party applying therefor has complied with all the provisions
of this Code and other ordinances and regulations of the City relating
thereto and if, in his/her opinion the excavation is necessary.
[Code 1955 §30-12; CC 1970 §29-11]
No person shall receive any permit to excavate in or under any
street, highway, boulevard, roadway, avenue, sidewalk, alley or any
other public thoroughfare until he/she shall have first deposited
with the City a sum as determined by the City Administrator sufficient
to repair an excavation, which deposit shall remain with the City
until such street, highway, boulevard, roadway, avenue, alley, sidewalk
or any other public thoroughfare in or under which the excavation
has been made shall have been restored to as good a condition as it
was previous to such an excavation being made, and until notified
by the Public Works Superintendent that the street, highway, boulevard,
roadway, alley or any other public thoroughfare has been restored
to as good a condition as it was previous to such excavation being
made.
[Code 1955 §30-13; CC 1970 §29-12]
Any person having occasion to make frequent excavations in the streets, highways, boulevards, roadways, alleys or other public thoroughfares in the City may, in lieu of the deposit required in Section 525.020, keep a standing deposit with the City in an amount established by the fee schedule on file in the office of the Public Works Superintendent, to cover the restoration of any street, highway, boulevard, roadway, avenue, sidewalk, alley or other public thoroughfare where such excavation shall not exceed the width of the street, highway, boulevard, roadway, sidewalk, alley or other public thoroughfare in which such excavations are made, which deposit shall be subject to all the conditions of Section 525.020.
[Code 1955 §30-15; CC 1970 §29-14]
The Public Works Superintendent shall inspect all excavations
as often as necessary and shall require the party making such excavations
to restore the street, highway, boulevard, roadway, avenue, sidewalk,
alley or any other public thoroughfare to as good a condition as it
was previous to the excavation.
[Code 1955 §30-16; CC 1970 §29-15]
In the event the person making an excavation shall delay or
refuse, after due notice from the Public Works Superintendent, to
restore the street, boulevard, highway, roadway, avenue, sidewalk,
alley or any other public thoroughfare in or under which such excavation
has been made to as good a condition as it was previous to such excavation
being made, it shall be the duty of the Public Works Superintendent
to restore the street, highway, boulevard, roadway, sidewalk, alley
or any other public thoroughfare in or under which such excavation
has been made, and to defray the expense thereof from the deposit,
and the balance, if any, of the deposit, after all lawful charges
against it have been made, shall then be returned to the person whose
duty it was to restore the street, boulevard, highway, roadway, avenue,
sidewalk, alley or any other public thoroughfare.
[Code 1955 §30-17; CC 1970 §29-16]
In making excavations in streets, alleys or sidewalks for laying
service pipes or making repairs, or for any other purpose, the earth,
plank, brick, paving stones or other material removed shall be deposited
in a manner that occasions the least inconvenience to the public and
provides for the passage of water along the gutters.
[Code 1955 §30-18; CC 1970 §29-17]
In refilling an opening made under this Article the earth shall
be laid in layers of not more than nine (9) inches in depth and each
layer shall be thoroughly rammed to prevent settling. All sidewalks,
paving, earth and ballast shall be replaced as quickly as possible
and so as to make the street as good as it was before it was disturbed,
and so as to make it satisfactory to the Public Works Superintendent.
[Code 1955 §30-19; CC 1970 §29-18]
The person to whom the permit for any excavation is issued shall
be liable for all damages accruing by reason of such excavation.
[Code 1955 §30-20; CC 1970 §29-19]
Any person who shall, in the City, dig, or cause to be dug,
any excavation adjacent to and bordering on any highway, thoroughfare
or public place, shall, during the night, cause such excavation to
be properly protected, and shall cause a red light to be kept burning
thereon during the night. Any person who shall dig or cause to be
dug in any highway, thoroughfare or sidewalk a vault, shall arch or
cover same over and secure the grating or covering of the opening
thereof in such a manner as to prevent persons, animals and vehicles
from falling therein.
[Code 1955 §30-21; CC 1970 §29-20]
The City Collector shall collect a fee of twenty-five dollars
($25.00) for the granting of all permits under this Article.
[Code 1955 §9-1; CC 1970 §9-1]
No person shall dig or excavate any sand, clay, gravel, rock
or any earth of any character, kind or description, or mine for the
same on any lot, piece or parcel of land within the City, below the
street grade upon which such lands abut, without first having procured
a permit as provided in this Chapter.
[Code 1955 §9-2; CC 1970 §9-2]
A.
Any person
desiring to excavate on any lands within the City, for the purpose
of removing earth, sand, rock, or gravel, shall, before commencing
work on such excavation, file a written application for a permit therefor
with the Public Works Superintendent, which application shall contain
a description of the land, the number of the lots and blocks and the
name of the subdivision, if any, the name or numbers of the streets
upon which such lands abut, the depth below grade of the street to
be excavated and the name and residence of the owner of the land to
be excavated. Such application shall be signed by the person making
such application and shall contain the address of such person.
B.
Upon
the filing of the application, the Building Commissioner shall compute
the number of cubic yards of earth, rock, sand, clay or gravel proposed
to be removed and note the same on such application, returning the
same to the Public Works Superintendent.
[Code 1955 §9-3; CC 1970 §9-3]
A.
The Public Works Superintendent may grant the permit required by Section 525.110, upon the applicant first filing with the Public Works Superintendent a surety bond signed by the applicant and the owner of such land as principal, and a surety licensed to do business in the State as surety thereon, which bond shall be conditioned that the signers thereof will save the City harmless from any loss or damage occurring to or being suffered by the City from accident or otherwise; and further conditioned, that the applicant will refill the excavation so made without cost to the City whenever the excavation shall, in the opinion of the Board of Aldermen, constitute a nuisance. Before the issuance of a permit, the bond shall be approved by the Board of Aldermen.
B.
The bond
required shall in no event be in a sum less than one dollar ($1.00)
for each and every cubic yard of earth, sand, gravel, rock or clay
to be excavated, as shown by the report of the Building Commissioner
upon the application.
C.
When
it is proposed to immediately erect a building, which building will
completely cover such proposed excavation, and the plans of such proposed
building accompany and are attached to the application for the permit,
the bond referred to in this Section shall not be required.
[Code 1955 §9-4; CC 1970 §9-4]
The Board of Aldermen or the Building Commissioner of the City
may order the owners of land where such excavation is being made,
or the contractor or person doing such excavating to erect safeguards
and barriers around such excavation in the event such excavation is
deemed by the Building Commissioner or the Board of Aldermen to be
dangerous to any person or property, or is deemed to be, or have the
characteristics of an attractive nuisance liable to attract children
and be dangerous to children. Should such owner or applicant fail,
within five (5) days after notice, to erect such safeguard or barrier,
then such excavation shall be declared to be a nuisance.
[Code 1955 §9-5; CC 1970 §9-5]
The Board of Aldermen may, by a majority vote, declare any excavation
referred to in this Chapter a nuisance and order the same abated by
filling the space made by such excavation to a level equal to the
level the land maintained before the excavation.
[Code 1955 §9-6; CC 1970 §9-6]
Whenever the Board of Aldermen shall declare any excavation a nuisance as referred to in the preceding Section, it shall cause the Public Works Superintendent to notify the owners of the land and the applicant for the permit and the surety company on the bond, by mailing to the parties a notice to abate the nuisance in the manner set forth in Section 525.150, which notice shall be sent to the parties by registered mail.
[Code 1955 §9-7; CC 1970 §9-7]
Should the owners of such lands, or the applicant for the permit,
fail to commence operations to abate the nuisance within fifteen (15)
days after receiving the notice provided for in the preceding Section,
the City may proceed to abate the nuisance and to declare the bond
forfeited, and the owners and the applicant as principals, and the
surety company as surety on such bond, shall be liable for the costs
and expenses thereof, plus any costs or expenses in the nature of
court costs or attorneys' fees.
