[R.O. 1994 § 510.010; Ord. No.
94-5 § 1, 5-10-1994]
For the purposes of this Chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
Any person making written application to the Clerk of the
City for an excavation permit hereunder.
The Board of Aldermen of the City of Lake Ozark.
The City of Lake Ozark.
The Clerk of the City of Lake Ozark.
The excavation and other work permitted under an excavation
permit and required to be performed under this Chapter.
Any person who has been granted and has in full force and
effect an excavation permit issued hereunder.
Any person, firm, partnership, association, corporation,
both public and private, company or organization of any kind.
Any street, highway, sidewalk, alley, avenue, or other public
way or public grounds in the City.
The Superintendent of Streets of the City of Lake Ozark.
[R.O. 1994 § 510.020; Ord. No.
94-5 § 2, 5-10-1994; Ord. No. 2009-22, 5-12-2009]
It shall be unlawful for any person to dig up, break, excavate,
tunnel, undermine or in any manner break up any street or right-of-way
or to make or cause to be made any excavation in or under the surface
of any street or right-of-way for the purpose or to place, deposit
or leave upon any street or right-of-way any earth or other excavated
material obstructing or tending to interfere with the free use of
the street or right-of-way, unless such person shall first have obtained
an excavation permit therefor from the City Clerk as herein provided.
[R.O. 1994 § 510.030; Ord. No.
94-5 § 3, 5-10-1994]
No excavation permit shall be issued unless a written application
for the issuance of an excavation permit is submitted to the Clerk.
The written application shall state the name and address of the applicant,
the nature, location, and purpose of the excavation the date of commencement
and date of completion of the excavation, and other date as may reasonably
be required by the Street Superintendent through the Clerk. The application
shall be accompanied by plans showing the extent of the proposed excavation
work, which plans shall be approved by the City Administrator or his/her
designee.
[R.O. 1994 § 510.040; Ord. No.
94-5 § 4, 5-10-1994]
A permit fee of fifty dollars ($50.00) shall be charged by the
City of Lake Ozark payable to the City of Lake Ozark for the issuance
of an excavation permit which shall be in addition to all other fees
for permits or charges relative to any proposed construction work.
[R.O. 1994 § 510.050; Ord. No.
94-5 § 5, 5-10-1994]
The City Clerk shall provide each permittee at the time a permit
is issued hereunder a suitable placard plainly written or printed
in English letters at least one-inch high with the following notice:
"City of Lake Ozark, Permit No. _____ Expires _____" and in the first
blank space there shall be inserted the number of said permit and
after word "expires" shall be stated the date when said permit expires.
It shall be the duty of any permittee hereunder to keep the placard
posted in a conspicuous place at the site of the excavation work.
It shall be unlawful for any person to exhibit such placard at or
about any excavation not covered by such permit, or to misrepresent
the number of the permit or the date of expiration of the permit.
[R.O. 1994 § 510.060; Ord. No.
94-5 § 6, 5-10-1994]
A.Â
Before an excavation permit as herein provided is issued the applicant
shall deposit with the City Clerk a surety bond in the amount of five
thousand dollars ($5,000.00) payable to the City of Lake Ozark or
in such lower amount as approved by the Street Superintendent and/or
City Administrator upon application being made therefor by the Applicant
and the required surety bond must be:
1.Â
With good and sufficient surety:
2.Â
By a surety company authorized to transact business in the State
or by two (2) householders in the City owning property of a value
of double the amount of the bond, over and above all legal exemptions
from execution.
3.Â
Satisfactory to the City Attorney in form and substance.
4.Â
Conditioned upon the permittee's compliance with this Chapter
and to secure and holder the City of Lake Ozark and its officers harmless
against any and all claims, judgments, or other costs arising from
the excavation and other work covered by the excavation permit or
for which the City, the Board or any City officer may be made liable
by reason of any accident or injury to persons or property through
the fault of the permittee either in not properly guarding the excavation
or for any other injury resulting from the negligence of the permittee,
and further conditioned to fill up, restore and place in good and
safe condition as near as may be to its original condition, and to
the satisfaction of the Street Superintendent, all openings and excavations
made in streets and to maintain any street where excavation is made
in as good condition for the period of twelve (12) months after said
work shall have been done, usual wear and tear excepted, as it was
in before said work shall have been done. Any settlement of the surface
within said one-year period shall be deemed conclusive evidence of
defective backfilling by the permittee. Recovery on such bond for
any injury or accident shall not exhaust the bond but it shall in
its entirety cover any or all future accidents or injuries during
the excavation work for which it is given. In the event of any suit
or claim against the City by reason of the negligence or default of
the permittee, upon the City's giving written notice to the permittee
of such suit or claim, any final judgment against the City requiring
it to pay for such damage shall be conclusive upon the permittee and
his/her surety. An annual bond may be given under this provision which
shall remain in force for one (1) year conditioned as above and in
other respects as specified above but applicable as to all excavation
work in streets by the principal in such bond during the term of one
(1) year from said date.
[R.O. 1994 § 510.070; Ord. No.
94-5 § 7, 5-10-1994]
A.Â
Application for a permit to perform excavation work under this Chapter
shall be further accompanied with a special cash deposit with the
City Collector as follows:
1.Â
A cash deposit of two hundred and fifty dollars ($250.00) to
guarantee restoration as required by this Chapter; or
2.Â
A general annual cash deposit of five hundred dollars ($500.00)
which shall remain with the City Collector and which shall waive the
special deposit required by Subdivision (1) above and which shall
entitle the applicant to make multiple excavations without the filing
of special deposits for each excavation.
B.Â
Any special or general cash deposit shall serve as security for the
repair and performance of work necessary to put the street or alley
in as good a condition as it was prior to the excavation.
C.Â
Sixty (60) days following the permittee's completion of the
work covered by the permit and upon approval by the City Street Superintendent
of the restoration by the permittee, said special cash deposit may
be refunded to the permittee upon demand, provided however, that the
City Administrator or the Street Superintendent with the approval
of the City Administrator may lower the amount of special deposit
at their discretion for small excavations less than five hundred (500)
square feet.
[R.O. 1994 § 510.080; Ord. No.
94-5 § 8, 5-10-1994]
A.Â
The permittee shall take appropriate measures to assure that during
the performance of the excavation work traffic conditions as nearly
normal as practicable shall be maintained at all times so as to cause
as little inconvenience as possible to the occupants of the abutting
property and to the general public, provided that the Street Superintendent
may permit the closing of streets to all traffic for a period of time
prescribed by him/her if in his/her opinion it is necessary. The permittee
shall route and control traffic including its own vehicles as directed
by the City Police Department. The following steps shall be taken
before any street may be closed or restricted to traffic:
1.Â
The permittee must receive the approval of the Street Superintendent
and the Police Department therefor;
2.Â
The permittee must notify the Chief of the Lake Ozark Fire Department
of any street so closed;
3.Â
Upon completion of construction work the permittee shall notify
the Street Superintendent and City Police Department before traffic
is moved back to its normal flow so that any necessary adjustments
may be made;
4.Â
Where flagmen are deemed necessary by the Street Superintendent
they shall be furnished by the permittee at his/her own expense. Through
traffic shall be maintained without the aid of detours, if possible.
In instances in which this would not be feasible the Street Superintendent
will designate detours. The City shall maintain roadway surfaces of
existing highways designated as detours without expense to the permittee
but in case there are no existing highways the permittee shall construct
all detours at its expense and in conformity with the specifications
of the Street Superintendent. The permittee will be responsible for
any unnecessary damage caused to any streets by the operation of its
equipment.
[R.O. 1994 § 510.090; Ord. No.
94-5 § 9, 5-10-1994]
The excavation work shall be performed and conducted so as not
to interfere with access to fire stations or any other facility providing
emergency service.
[R.O. 1994 § 510.100; Ord. No.
94-5 § 10, 5-10-1994]
The permittee shall erect and maintain suitable timber barriers
to confine earth from trenches or other excavations in order to encroach
upon streets as little as possible. The permittee shall construct
and maintain adequate and safe crossings over excavations and across
highways under improvement to accommodate vehicular and pedestrian
traffic at all street intersections. Vehicular crossings shall be
constructed and maintained of plank, timbers and blocking of adequate
size to accommodate vehicular traffic safety. Decking shall be not
less than four (4) inches thick and shall be securely fastened together
with heavy wire and staples. Pedestrian crossings shall consist of
planking three (3) inches, twelve (12) inches wide and of adequate
length, together with necessary blocking. The walk shall be not less
than three (3) feet in width and shall be provided with a railing
as required by the Street Superintendent.
[R.O. 1994 § 510.110; Ord. No.
94-5 § 11, 5-10-1994]
The permittee shall not interfere with any existing utility
without the written consent of the Street Superintendent and the utility
company or person owning the utility. If it becomes necessary to remove
an existing utility this shall be done by its owner. No utility owned
by the City shall be moved to accommodate the permittee unless the
cost of such work be borne by the permittee. The cost of moving privately
owned utilities shall be similarly borne by the permittee unless he/she makes
other arrangements with the person owning the utility. The permittee
shall support and protect by timbers or otherwise all pipes, conduits,
poles, wires or other apparatus which may be in any way affected by
the excavation work, over along or across said work. In case any of
said pipes, conduits, poles, wires or apparatus should be damaged,
they shall be repaired by the agency or person owning them and the
expense of such repairs shall be charged to the permittee, and his/her or
its bond shall be liable therefor. The permittee shall be responsible
for any damage done to any public or private property by reason of
the breaking of any water pipes, sewer, gas pipe, electric conduit
or other utility and his/her bond shall be liable therefor. The permittee
shall inform himself as to the existence and location of all underground
utilities and protect the same against damage.
[R.O. 1994 § 510.120; Ord. No.
94-5 § 12, 5-10-1994]
The permittee shall at all times and at his/her or its own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where in the protection of such property it is necessary to enter
upon private property for the purpose of taking appropriate protective
measures, the permittee shall obtain a license from the owner of such
private property for such purpose and if he/she cannot obtain a license
from such owner the Street Superintendent may authorize him/her to
enter the private premises solely for the purpose of making the property
safe. The permittee shall, at his/her own expense shore up and protect
all buildings, walls, permittee shall, at his/her own expense shore
up and protect all buildings, walls, fences or other property likely
to be damaged during the progress of the excavation work and shall
be responsible for all damage to public or private property or highways
resulting from his/her failure properly to protect and carry out said
work. All construction and maintenance work shall be done in a manner
calculated to leave the lawn area clean of earth and debris and in
a condition as nearly as possible to that which existed before such
work began. The permittee shall not remove even temporarily any trees
or shrubs which exist in parking strip areas or easements across private
property without first having notified and obtained the consent of
the property owner, or in the case of public property the appropriate
City Department or City officials having control of such property.
[R.O. 1994 § 510.130; Ord. No.
94-5 § 13, 5-10-1994]
Any excavation made in any sidewalk or under a sidewalk shall
be provided with a substantial and adequate footbridge over said excavation
on the line of the sidewalk, which bridge shall be at least three
(3) feet wide and securely railed on each side so that foot passengers
can pass over safely at all times.
[R.O. 1994 § 510.140; Ord. No.
94-5 § 14, 5-10-1994]
The permittee shall erect such fence, railing or barriers about
the site of the excavation work as shall prevent danger to persons
using the City street or sidewalks, and such protective barriers shall
be maintained until the work shall be completed or the danger removed.
At twilight there shall be placed upon such place of excavation and
upon any excavated materials or structures or other obstructions to
streets suitable and sufficient lights which shall be kept burning
throughout the night during the maintenance of such obstructions.
It shall be unlawful for anyone to remove or tear down the fence or
railing or other protective barriers or any lights provided there
for the protection of the public.
[R.O. 1994 § 510.150; Ord. No.
94-5 § 15, 5-10-1994]
It shall be unlawful for the permittee to suffer or permit to
remain unguarded at the place of excavation or opening any machinery,
equipment, or other device having the characteristics of an attractive
nuisance likely to attract children and hazardous to their safety
or health.
[R.O. 1994 § 510.160; Ord. No.
94-5 § 16, 5-10-1994]
All material excavated from trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such manner
as not to endanger those working in the trench, pedestrians or users
of the streets, and so that as little inconvenience as possible is
caused to those using streets and adjoining property. Where the confines
of the area being excavated are too narrow to permit the piling of
excavated material beside the trench, such as might be the case in
a narrow alley, the Street Superintendent shall have the authority
to require that the permittee haul the excavated material to a storage
site at the time of backfilling. It shall be the permittee's
responsibility to secure the necessary permission and make all necessary
arrangements for all required storage and disposal sites.
[R.O. 1994 § 510.170; Ord. No.
94-5 § 17, 5-10-1994]
All damage done to existing improvements during the progress
of the excavation work shall be repaired by the permittee. Materials
for such repair shall conform with the requirements of any applicable
code or ordinance. If upon being ordered the permittee fails to furnish
the necessary labor and materials for such repairs, the Street Superintendent
shall have the authority to cause said necessary labor and materials
to be furnished by the City and the cost shall be charged against
the permittee, and the permittee shall also be liable on his/her or
its bond therefor.
[R.O. 1994 § 510.180; Ord. No.
94-5 § 18, 5-10-1994]
Property lines and limits of easements shall be indicated on
the plan of excavation submitted with the application for the excavation
permits and it shall be the permittee's responsibility to confine
excavation work within these limits.
[R.O. 1994 § 510.190; Ord. No.
94-5 § 19, 5-10-1994; Ord. No. 2009-22, 5-12-2009]
As the excavation work progresses all streets, rights-of-way
and private properties shall be thoroughly cleaned of all rubbish,
excess earth, rock and other debris resulting from such work. All
clean-up operations at the location of such excavation shall be accomplished
at the expense of the permittee and shall be completed to the satisfaction
of the Street Superintendent. From time to time as may be ordered
by the Street Superintendent and in any event, immediately after completion
of said work, the permittee shall at his/her or its own expense clean
up and remove all refuse and unused materials of any kind resulting
from said work and upon failure to do so within twenty-four (24) hours
after having been notified to do so by the Street Superintendent,
said work may be done by the Street Superintendent and the cost thereof
charged to the permittee and the permittee shall also be liable for
the cost thereof under the surety bond provided hereunder.
[R.O. 1994 § 510.200; Ord. No.
94-5 § 20, 5-10-1994]
The permittee shall provide for the flow of all watercourses,
sewers or drains intercepted during the excavation work and shall
replace the same with new material and fittings, or shall make such
provisions for them as the Street Superintendent may direct. The permittee
shall not obstruct the gutter of any street but shall use all proper
measures to provide for the free passage of surface water. The permittee
shall make provision to take care of all surplus water, muck, silt,
slickings or other run-off pumped from excavations or resulting from
slicing or other operations and shall be responsible for any damage
resulting from his/her failure to so provide.
[R.O. 1994 § 510.210; Ord. No.
94-5 § 21, 5-10-1994]
Whenever it is necessary to break through existing pavement
for excavation purposes and where trenches are to be twelve (12) inches
(one (1) foot) or over in depth, the pavement in the base shall be
removed to at least six (6) inches beyond the outer limits of the
sub-grade that is to be disturbed in order to prevent settlement,
and a six-inch shoulder of undisturbed materials shall be provided
in each side of the excavated trench. The face of the remaining pavement
shall be approximately vertical. Asphalt-paving shall be scored or
otherwise cut in a straight line. No pile driver may be used in breaking
up the pavement.
[R.O. 1994 § 510.220; Ord. No.
94-5 § 22, 5-10-1994]
Tunnels under pavement shall not be permitted except by permission
of the Street Superintendent and if permitted shall be adequately
supported by timbering and backfilling under the direction of the
Street Superintendent.
[R.O. 1994 § 510.230; Ord. No.
94-5 § 23, 5-10-1994]
Backfilling in any street opened or excavated pursuant to an
excavation permit issued hereunder shall be compacted to a degree
equivalent to that of the undisturbed ground in which the trench was
dug. Compacting shall be done by mechanical tappers or vibrators,
or by rolling in layers, only if granular backfill is used, as required
by the fill in question and sound engineering practices generally
recognized in the construction industry.
[R.O. 1994 § 510.240; Ord. No.
94-5 § 24, 5-10-1994]
Backfilling up to the first eighteen (18) inches above the top
of the utility pipes or similar installation shall be done with thin
layers. Each layer is to be tamped by manual or mechanical means.
Layers that are hand tamped shall not exceed four (4) inches in thickness.
Layers that are power tamped shall not exceed six (6) inches in thickness.
The same requirements shall apply to the remainder of the backfilling
if tamping is the method used for backfilling. Backfilling of all
pipes of over twenty-four (24) inches in diameter shall be carried
up to the spring line of the pipe in three-inch layers, with each
layer moistened and thoroughly tamped with suitable mechanical equipment.
The backfill around all pipes twenty-four (24) inches or less in diameter
shall be flooded or tamped as specified above to a depth of eighteen
(18) inches above the top of the pipe before any additional backfilling
is placed thereon.
[R.O. 1994 § 510.250; Ord. No.
94-5 § 25, 5-10-1994]
Whenever any excavation for the laying of pipe is made through
rock, the pipe shall be laid six (6) inches above the rock bottom
of the trench and the space under, around and six (6) inches above
the pipe shall be backfilled with clean river sand, non-corrosive
soil or one-fourth (1/4) inch minus gravel, or in lieu thereof, said
pipe may be protected by any means approved by the American Society
of Mechanical Engineers. Broken pavement, large stones, and debris
shall not be used in any backfill.
[R.O. 1994 § 510.260; Ord. No.
94-5 § 26, 5-10-1994]
Backfilling shall be completed by placing the backfill material
well up over the top of the trench. For dry-backfilling, the material
shall be compacted with a roller of an approved type or with the rear
of a truck carrying at least five (5) tons until the surface is unyielding.
The surface shall then be graded as required.
[R.O. 1994 § 510.270; Ord. No.
94-5 § 27, 5-10-1994]
A.Â
The permittee shall restore the surface of all streets, broken into
or damaged as a result of the excavation work, to its original condition
in accordance with the specifications of the Street Superintendent.
The permittee may be required to place a temporary surface over openings
made in paved traffic lanes. Except when the pavement is to be replaced
before the opening of the cut to traffic, the fill above the bottom
of the paving slab shall be made with suitable materials well tamped
into place and this fill shall be topped with a minimum of at least
one (1) inch of bituminous mixture which is suitable to maintain the
opening in good condition until permanent restoration can be made.
The crown of the temporary restoration shall not exceed one (1) inch
above the adjoining pavement. The permittee shall exercise special
care in making such temporary restorations and must maintain such
restorations in safe traveling conditions until such time as permanent
restorations are made. The asphalt which is used shall be in accordance
with the specifications of the Street Superintendent. If in the judgment
of the Street Superintendent it is not expedient to replace the pavement
over any cut or excavation made in the street upon completion of the
work allowed under such permit by reason of the looseness of the earth
or weather conditions he/she may direct the permittee to lay a temporary
pavement of wood or other suitable material designated by him/her
over such cut or excavation to remain until such time as the repair
of the original pavement may be properly made.
B.Â
Permanent restoration of the street shall be made by the permittee
in strict accordance with the specifications prescribed by the Street
Superintendent to restore the street to its original and proper condition,
or as near as may be possible.
C.Â
Acceptance or approval of any excavation work by the Street Superintendent
shall not prevent the City from asserting a claim against the permittee
and his/her or its surety under the surety bond required hereunder
for incomplete or defective work if discovered within twelve (12)
months from the completion of the excavation work. The Street Superintendent's
presence during the performance of any excavation work shall not relieve
the permittee of its responsibilities hereunder.
[R.O. 1994 § 510.280; Ord. No.
94-5 § 28, 5-10-1994]
If the permittee shall have failed to restore the surface of
the street to its original and proper condition upon the expiration
of the time fixed by such permit or shall otherwise have failed to
complete the excavation work covered by such permit, the Street Superintendent
if he/she deems it advisable, shall have the right to do all work
and things necessary to restore the street and to complete the excavation
work. The permittee shall be liable for the actual cost thereof and
twenty-five percent (25%) of such cost in addition for general overhead
and administrative expenses. The City shall have a cause of action
for all fees, expenses and amounts paid out and due it for such work
and shall apply in payment of the amount due it any funds of the permittee
deposited as herein provided and the City shall also enforce its rights
under the permittees' surety bond provided pursuant to this Chapter.
It shall be the duty of the permittee to guarantee and maintain
the site of the excavation work in the same condition as it was prior
to the excavation for one (1) year after restoring it to its original
condition.
[R.O. 1994 § 510.290; Ord. No.
94-5 § 29, 5-10-1994]
Except by special permission from the Street Superintendent,
no trench shall be excavated more than two hundred and fifty (250)
feet in advance of pipe laying nor left unfilled more than five hundred
(500) feet where pipe has been laid. The length of the trench that
may be opened at any one time shall not be greater than the length
of pipe and the necessary accessories which are available at the site
ready to be put in place. Trenches shall be braced and sheathed according
to generally accepted safety standards for construction work as prescribed
by the Street Superintendent. No timber bracing, lagging, sheathing
or other lumber shall be left in any trench.
[R.O. 1994 § 510.300; Ord. No.
94-5 § 30, 5-10-1994]
The permittee shall prosecute with diligence and expedition
all excavation work covered by the excavation permit and shall promptly
complete such work and restore the street to its original condition,
or as near as may be possible, as soon as practicable and in any event
not later than the date specified in the excavation permit therefor.
[R.O. 1994 § 510.310; Ord. No.
94-5 § 31, 5-10-1994]
If in his/her judgment traffic conditions, the safety or convenience
of the traveling public or the public interest require that the excavation
work be performed as emergency work, the Street Superintendent shall
have full power to order, at the time the permit is granted, that
a crew of men and adequate facilities be employed by the permittee
twenty-four (24) hours a day to the end that such excavation work
may be completed as soon as possible.
[R.O. 1994 § 510.320; Ord. No.
94-5 § 32, 5-10-1994]
In the event of any emergency in which a sewer, main, conduit
or utility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
sewer, main, conduit or utility, without first applying for and obtaining
an excavation permit hereunder, shall immediately take proper emergency
measures to cure or remedy the dangerous conditions for the protection
of property, life, health and safety of individuals. However, such
person owning or controlling such facility shall apply for an excavation
permit not later than the end of the next succeeding day during which
the City Collector's office is open for business, and shall not
proceed with permanent repairs without first obtaining an excavation
permit hereunder.
[R.O. 1994 § 510.330; Ord. No.
94-5 § 33, 5-10-1994; Ord. No. 2000-01 § 1, 1-11-2000; Ord. No. 2000-03 § 1, 2-22-2000]
A.Â
Each permittee shall conduct and carry out the excavation work in
such manner as to avoid unnecessary inconvenience and annoyance to
the general public and occupants of neighboring property.
B.Â
The permittee shall take appropriate measures to reduce to the fullest
extent practicable in the performance of the excavation work, noise,
dust and unsightly debris.
C.Â
No person shall use any pile driver, bulldozer, backhoe, power shovel,
hammer, derrick, hoist, tractor, roller or any other mechanical apparatus
in mining, building or construction operations between the hours of
10:00 P.M. and 7:00 A.M., Monday through Saturday and all day Sunday
within one thousand (1,000) feet of a residence, except with the express
written permission of the Street Superintendent or in case of an emergency
as herein otherwise provided.
[R.O. 1994 § 510.340; Ord. No.
94-5 § 34, 5-10-1994]
The permittee shall not disturb any surface monuments or hubs
found on the line of excavation work until ordered to do so by the
Street Superintendent, and should monuments or hubs be moved or destroyed
it shall be the duty of the permittee to replace same and, if necessary,
re-survey the affected areas.
[R.O. 1994 § 510.350; Ord. No.
94-5 § 35, 5-10-1994]
The Street Superintendent shall make such inspections as are
reasonably necessary in the enforcement of this Chapter. The Street
Superintendent shall have the authority to promulgate and cause to
be enforced such rules and regulations as may be reasonably necessary
to enforce and carry out the intent of this Chapter.
[R.O. 1994 § 510.360; Ord. No.
94-5 § 36, 5-10-1994]
Users of sub-surface street space shall maintain accurate drawings,
plans, and profiles showing the location and character of all major
underground structures including abandoned installations and shall
furnish copies to the Street Superintendent. Corrected maps shall
be filed with the Street Superintendent within thirty (30) days after
new installations, changes or replacements are made.
[R.O. 1994 § 510.370; Ord. No.
94-5 § 37, 5-10-1994]
The provisions of this Chapter shall not be applicable to any
excavation work under the direction of competent authorized employees
of the City or by any contractor of the City performing work for and
in behalf of the City necessitating openings or excavations in streets.
[R.O. 1994 § 510.380; Ord. No.
94-5 § 38, 5-10-1994]
A permittee, prior to the commencement of excavation work hereunder, shall furnish the Public Works Director or Street Superintendent satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than one hundred thousand dollars ($100,000.00) for any one (1) person and three hundred thousand dollars ($300,000.00) for any one accident and property damage insurance of not less than fifty thousand dollars ($50,000.00) duly issued by an insurance company authorized to do business in this State. Provided however, that this provision shall only apply to those permittees required to file surety bond under Section 510.060 of this Chapter.
[R.O. 1994 § 510.390; Ord. No.
94-5 § 39, 5-10-1994]
This Chapter shall not be construed as imposing upon the City
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an excavation permit is issued hereunder; nor shall the City
or any official or employee thereof be deemed to have assumed any
such liability, or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
[R.O. 1994 § 510.400; Ord. No.
94-5 § 40, 5-10-1994]
Any person, firm, or corporation violating any of the provisions of this Chapter shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished as set out in Section 100.220 of this Code.
[R.O. 1994 § 510.410; Ord. No.
94-5 § 41, 5-10-1994]
All sub-surface installations shall be no less than twenty-four
(24) inches below ground surface or grade.
