City of Coldwater, MI Street Excavations, Obstructions and Construction

Occupy any part of such street, alley or public place for the purpose of construction, maintenance or repair of property immediately adjacent thereto;

without first obtaining a permit for such purpose. However, any public utility corporation operating under a franchise of the City may, in any emergency requiring immediate action to preserve its property, make such excavation or occupy such portion of the public street, alley or public place without applying for such permit, but shall in all other respects comply with the provisions of this chapter in doing such work; provided further, that no pavement shall be broken without a permit being issued and the work done under the direct supervision of the City Manager or his or her designated representative.

§ 1020.02 Bond required; application for permit.

[Ord. No. 360, passed 11-26-1979; Ord. No. 413, passed 11-25-1985; Ord. No. 700, passed 1-23-2006]

(a)

Before any permit is issued pursuant to the provisions of Section 1020.01, the applicant shall execute to the City and deliver to the City Clerk a bond in the sum of $1,000 with a corporate surety to be approved by the City Clerk conditioned what the applicant will indemnify and save harmless the said City from all loss, costs, damages and expenses said City may sustain and from any damage to any persons or property by reason of the negligence of the applicant and/or his or her failure to properly guard and place warning signals around all excavations, obstructions and dangerous places in any work done or undertaken by the applicant in any of the streets, alleys or thoroughfares of the City by virtue of any permit issued pursuant to said application or any other permit issued to the applicant within one year from the date of said bond. No further bond shall be required of the applicant while said bond is in force and effect, but upon the expiration of said bond, no further permit shall be granted until bond is again furnished by said applicant as above provided.

(b)

The applicant for such permit shall furnish to the City Clerk a statement showing where such opening or excavation is to be made and the purpose and extent thereof, or where such obstruction or repair is to be carried on, and, in all cases, the extent to which said street, alley or public place is to be used for the purpose applied for and also the time when such occupancy will commence and the length of time it will continue, and the name of the person who will be in charge of the work to be done thee, together with such other information as the City Clerk shall direct. Such statement shall be signed by the applicant and filed with the Clerk.

(c)

On receipt of such application, the City Clerk shall immediately notify the City Manager of the same, and the City Manager shall investigate and, if satisfied that such occupancy is necessary and reasonable, shall endorse the application by signing his or her approval on the same. If the City Manager shall determine that said application shall be granted only on certain conditions and for a certain limited time, he or she shall so state in his or her endorsement approving such application, and the permit shall be issued only subject to such conditions or limitations.

§ 1020.03 Regulations for openings, excavations and obstructions.

[Ord. No. 360, passed 11-26-1979; Ord. No. 413, passed 11-25-1985; Ord. No. 700, passed 1-23-2006]

(a)

All local utilities shall be held responsible for the restoration of areas within the street right of way disturbed by contractors or subcontractors performing work for such local utilities.

(b)

No work covered by this chapter shall be started until all permits are obtained and effective.

(c)

All openings, excavations and obstructions shall be properly and substantially barricaded and railed off, and at night shall be provided with three or more warning lights for each such opening, excavation or obstruction. On long trenches or obstructions, warning lights crosswise of the flow of traffic shall not be over eight feet apart and, parallel to the flow of traffic, not over twenty-five feet apart. The City Manager shall determine what constitutes proper barriers and lighting. The utmost care shall be exercised at all times in protecting life and property in the performance of the work, and the work shall be accomplished with as little as possible interference to traffic and the use of the street, alley or thoroughfare. Sufficient help and equipment shall be provided to expedite the work to the satisfaction of the City Manager.

(d)

All openings and excavations shall be properly and substantially sheeted and braced as a safeguard to the workmen and to prevent cave-ins or washouts which would tend to injure the thoroughfare or subsurface structures adjacent to the work.

(e)

After the completion of the work, all trenches and excavations shall be promptly backfilled with like material and thoroughly settled by wetting or tamping, and all excess material shall be promptly removed from the job.

Areas disturbed by work performed between the back of the curb or the edge of the pavement or gravel and the street right-of-way line shall be restored to their original condition. If sod is present, the sod will be carefully cut, saved and replaced, or new sod put in after the trench has been settled and compacted. If sod is not replaceable, the top four inches of the trench shall be filled with stone-free topsoil. The trench shall be seeded, mulched, watered and maintained until an adequate grass growth is obtained.

(f)

In excavating in paved streets, all materials of paving and blasting must be removed to the side of the street with the least possible loss or injury to the same or the surrounding pavement. After the work is completed and proper settlement has occurred, the City will repave the opening and charge and collect the cost of such repaving from the person to whom the permit was granted. The City Clerk may require a deposit to cover the cost of such repaving before issuing a permit for the work.

(g)

In excavations around or near other subsurface structures, pipes, conduits or other devices, care must be taken to properly safeguard them from injury, and in case of interference or very close proximity to the same, the City Manager shall determine how proper installation shall be made.

(h)

Each person, firm or corporation opening or excavating any street, alley or thoroughfare shall keep an account of all openings or excavations so made and, for one year after such opening or excavation, shall keep the same filled and in repair. Should such person, firm or corporation fail to do this, the City Clerk or City Manager shall give him, her or it notice to do so within 10 days, and if said person, firm or corporation shall still fail to make such repairs, the Street Department shall cause such repairs to be made, and the cost of the same shall be charged against any persons, firm or corporation to whom the permit was originally issued, and may be collected by suit.

§ 1020.04 Issuance of civil infraction citations and notices.

[Ord. No. 500, passed 12-12-1994]

The City Engineer and his or her designated representative, and/or the Building Commissioner and his or her designated representative, and/or the Zoning Administrator and his or her designated representative, and/or the Director of Police and Fire Services and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.

§ 1020.99 Penalty.

[Ord. No. 500, passed 12-12-1994]

A person who violates any provision of this chapter is responsible for a Municipal civil infraction and shall be subject to the payment of a civil fine of not less than $50, plus costs and other sanctions, for each infraction. A second offense, within a period of 90 days, shall be subject to a civil fine of not less than $100, plus costs and other sanctions, for each infraction. Third and subsequent offenses, within 90 days, shall be subject to a civil fine of $250, plus costs and other sanctions, for each infraction.