Section 515.120 Failure to Complete or Failure to Adequately Perform Excavation — City to Complete Work.
[CC 2001 §12.04.010; Ord. No. 9.01 §1, 4-5-1921]
The streets and alleys as shown and marked upon the official plat on the record in the office of the County Clerk at Farmington, St. Francois County, Missouri, are declared to be the official streets and alleys for the City.
[CC 2001 §12.04.020; Ord. No. 9.01 §§2 — 3, 4-5-1921]
A space not more than six (6) feet wide along the sides of each street shall constitute the sidewalk space and whether made or improved or not shall be taken as the official designation for sidewalks.
[CC 2001 §12.04.030; Ord. No. 6.14 §1, 4-10-1984]
Every owner or occupant of any premises fronting or abutting on any sidewalk in the City shall keep the sidewalk in front of or abutting on such premises in good repair. Every person, owner or occupant of any such premises fronting or abutting on any such sidewalk which shall be in need of repair, failing, neglecting or refusing to repair such sidewalk within thirty (30) days after notice to the same given by the City administration shall be deemed guilty of an ordinance violation.
The City Council may extend the time of compliance, direct that the City Administrator order additional persons to repair the sidewalk, order that the City bear a portion of the cost or such requested relief as it finds fair and equitable. Should an appeal be directed to the City Council, enforcement shall be abated pending their decision.
[CC 2001 §12.08.010; Ord. No. 9.07A §9, 5-11-1999]
No person shall make or cause to be made any cuts or excavations in, through or under any street, sidewalk, alley or public place in the City for any purpose whatsoever without a permit therefor being first obtained from the Building Inspector, which permit shall not be issued until the applicant has complied with the Sections of this Article requiring payment of a fee therefor and requiring a cash bond therefor.
[CC 2001 §12.08.020; Ord. No. 9.07A §10, 5-11-1999]
All applications for a permit under the provisions of this Chapter shall be signed by the person or his/her duly authorized agent who desires to do the work designated in the application. No such application shall be assignable and no person shall allow his/her name to be used to obtain a permit for any other person.
The applicant for permit shall designate on the map or diagram placed upon the back of the application, the location of the proposed cut or excavation to be made, in such a manner that the house number or lot number in front of which and the side of the street upon which the same is to be made shall be plainly indicated. The map or diagram shall also show the dimensions and character of the proposed cut or excavation, as well as the method and character of the proposed repavement or resurfacing of the proposed cut or excavation.
Applications shall be submitted to the Building Inspector.
[CC 2001 §12.08.030; Ord. No. 2002-13 §1, 7-9-2002]
The sum of seven dollars fifty cents ($7.50) shall be charged for each permit issued under this Article. In addition to the seven dollar fifty cent ($7.50) fee, the applicant shall pay the cost of labor, equipment and materials for repair of City street and appurtenances. Labor rates will be charged at the actual hourly cost of City employees involved in the repair. Equipment rates will be set at the going rate for equipment rental and approved by the City Council each year. The applicant shall comply with Section 515.070(B). The fee, if paid by check, money order, bank draft or other negotiable instrument, shall be made payable to the "City of Bonne Terre, Missouri".
[CC 2001 §12.08.040; Ord. No. 9.07A §12, 5-11-1999]
Amount And Purpose. Before any permit under this Chapter shall be issued for cutting or excavating in, through or under any street, sidewalk, alley or public place in the City, the applicant for the permit shall have deposited a cash bond with the City Clerk in the amount of five hundred dollars ($500.00) lawful money of the United States. This money shall be maintained and held by the City to protect the City on account of any expense it may incur in repairing, refilling, paving or resurfacing any cut or excavation that may be made in the streets, sidewalks, alleys or public places.
Additional Amount. The City Administrator may require such additional sums over five hundred dollars ($500.00) to be deposited by the person making the application as he/she determines from time to time is reasonably necessary to protect the City for any expense it may incur under this Article.
[CC 2001 §12.08.050; Ord. No. 9.07A §13, 5-11-1999]
Each cut or excavation for which a permit is granted under this Chapter shall be completed within fifteen (15) days from the date of issuance of the permit therefor and, in the event of default thereof, a new permit shall be required before the cut or excavation is made and a new cash bond may be required if so determined by the Building Inspector. An extension of time of fifteen (15) additional days, if requested, may be granted by the Building Inspector for good cause shown.
[CC 2001 §12.08.060; Ord. No. 9.07A §14, 5-11-1999]
Barriers And Lights Required. Any person who shall for any purpose make or cause to be made any excavation in, upon, under or adjoining any street, sidewalk, alley or other public place and who shall leave any part or portion thereof open or shall leave any part or portion thereof obstructed with rubbish, building or other materials during the daytime or nighttime shall cause the same to be enclosed with good, substantial and sufficient barriers and shall cause one (1) yellow light to be securely and conspicuously posted in or near any such excavation, building material or obstruction, providing that the obstruction does not extend more than ten (10) feet in length. If the obstruction extends more than ten (10) feet but less than fifty (50) feet in length, two (2) yellow lights, one (1) at each end, shall be so placed and one (1) additional light for each additional fifty (50) feet or part thereof shall be so placed. Each light required shall be kept flashing or burning during the entire period from the time of the opening of the excavation or cut until the excavation has been properly resurfaced or repaved and opened for travel. The maintenance of these barricades or lights in and around excavations during the entire period is the sole responsibility of the person making the cut or excavation.
Work To Be Done With Dispatch. The making of any such cut or excavation, the placing or repairing of facilities therein, the refilling of the cut or excavation and the repaving or resurfacing of any cut or excavation shall be done as expeditiously as possible consistent with good construction practices and if the same is not so done, in the opinion of the City Administrator, the City Administrator shall have the right to perform or cause to be performed the remaining work necessary and to charge the cost of labor and materials thereof against the cash bond of the person to whom the permit was issued or in the event the reasonable cost of labor and materials exceed the amount of the cash bond to whom the permit was issued, the City Administrator may require reimbursement of the cost therefrom from the person making application for the permit.
[CC 2001 §12.08.070; Ord. No. 9.07A §15, 5-11-1999]
Compliance With Permit Required. The person making a street cut or excavation shall perform it in the manner designated on the permit obtained for that purpose.
Authority To Regulate Hours Of Work. The City Administrator is empowered to require that any operation which seriously interferes with the movement of traffic on any street be conducted on a continuous basis or that the operation be discontinued in order that interference with the proper and safe movement of traffic may be eliminated at the earliest possible time.
Emergency Authority. Notwithstanding the provisions of this Section, in the event of an emergency caused by a telephone or power line break, sewer or water line break or gas line break affecting service or resulting in major failure of service, where it is essential for the protection of public property, health and safety, it shall be permissible to conduct excavation, open manholes, backfill, repair operations or paving in the roadway of any street in the City during any period of the day; provided that the work is performed continuously until the period of emergency has terminated, whereupon the other provisions of this Section shall again become effective. The City Administrator shall be the person responsible for declaring when any such emergency begins and ends. The Police Department shall be promptly notified of any emergency work performed herein on any City street. Any City street cut on public right-of-way shall be straight, uniform and sides parallel. Cuts shall be neatly made with a pavement breaker, spade or saw and keeping the size of the opening to a minimum.
[CC 2001 §12.08.080; Ord. No. 9.07A §16, 5-11-1999]
Any person who causes to be made any cuts or excavations in, through or under any street, sidewalk, alley or public place in the City for any purpose whatsoever shall refill all cuts and excavations according to the following standards:
Refilling and resurfacing. On concrete streets or driveways, backfill shall consist of compacted granular material to within six (6) inches of the top or thickness of existing pavement or whichever is greater. The remaining six (6) inches shall be filled with Portland cement mix consisting of at least five (5) bag mix. The repair shall be matched as closely as possible to the adjacent undisturbed concrete.
On asphalt streets or driveways, backfill shall consist of compacted granular material to within five and one-half (5½) inches of top, four (4) inches of the remaining depth shall be filled with Portland cement mix concrete of at least five (5) bag mix. The remaining one and one-half (1½) inches shall be filled with commercial hot mix asphalt by the City, which cost shall be recovered from the permit fee. Any refill is to be inspected by the City Administrator or representative prior to the initiation of repaving or resurfacing of any cut or excavation.
Substandard, deteriorated streets — large areas. Should the street be substandard or so deteriorated that a standard repair cannot be made, the City Administrator or designated representative shall prescribe the appropriate repair and materials. Where cuts and excavation cover extremely large areas or are widely scattered throughout the City, the method of charges and time limits shall be negotiated by the City Administrator or designated representative.
Refilling — failure to perform. In the event of the failure of any person to refill any excavation as required, the City Administrator shall have the right to make or cause to be made any and all refills and to require reimbursement of the cost thereof from the person making the excavation, with payment for any such cost to be made in the manner hereinafter prescribed.
Cleanup after refill. The person making any such refill shall be required to clean up and haul away all surplus earth, rock or rubbish within twenty-four (24) hours after the refill has been completed and in the event of default thereof, the City Administrator shall have the right to remove or cause to be removed any such earth, rock or rubbish, to require reimbursement of the cost thereof from the person making the cut or excavation, with payment for the cost of labor and materials to be made in the manner hereinafter prescribed.
Notice of intent to refill to be given. Any person making a cut or excavation shall notify the City Administrator or representative of his/her intention to commence the refill of the cut or excavation at least four (4) hours prior to the actual commencing thereof.
Section 515.120 Failure to Complete or Failure to Adequately Perform Excavation — City to Complete Work.
[CC 2001 §12.08.090; Ord. No. 9.07A §17, 5-11-1999]
Character — Quality Of Work. Any person making a cut, opening or excavation in any public road, street, boulevard, alley or any other public place shall execute the work and operation in a complete and workmanlike manner, utilizing equipment and methods which will cause a minimum of damage to the structural elements and components of the pavement of the road, street, boulevard, alley or roadway. The width of the cut or excavation shall be no greater than that necessary for doing the work. Any person making a cut, opening or excavation as aforesaid shall also refill and resurface or repave and complete in a workmanlike manner, utilizing equipment and methods which will cause a minimum of damage to the structural elements and components of the pavement of the road, street, boulevard, alley or roadway and to place the street, sidewalk, alley or public place in as nearly same condition as immediately prior to the issuance of the permit provided for.
Permit Fee Or Person Failing To Perform To Be Liable For Payment. Any permittee or any other person who fails to comply with the provisions of this Article shall pay to the City the cost of labor and materials necessary to enable the City to complete the work in accordance with this Article. It shall be the duty of the City Administrator to make charges for any work completed by the City by order of the City Administrator for failure of the permittee or any other person to perform the work in a timely and workmanlike manner as set out in this Article. The City Administrator shall make out a list of the cost of labor and materials necessarily expended or incurred by the City, which charges shall be made known to the person making any such cut or excavation within ten (10) days after the work is completed by the City. If any charge so made by the City remains unpaid after the tenth (10th) day of the following month, no further permits for any excavation shall be issued to any such person until the charge has been paid. Unless any such charges so made shall be paid within the time above mentioned, the amount due the City therefor shall be taken out of the permittee's cash bond and no further permits shall be issued to any such person until their cash bond shall again be brought up to five hundred dollars ($500.00). Unless any such charges so made shall be paid within the time above mentioned and the amount due the City therefor exceeds the amount of their cash bond, the City Attorney may be authorized to collect any such charges in the manner provided by law.
[CC 2001 §12.08.100; Ord. No. 9.07A §18, 5-11-1999]
Whenever any property owner or any person representing him/her shall have stated in his/her application or a permit to excavate through or under any sidewalk that he/she desires to repair the sidewalk himself/herself or by his/her representative and that he/she will guard the excavation or defective sidewalk, until repairs are made, by barricades and lights and that the sidewalks shall be repaired within forty-eight (48) hours after the excavation through or under the sidewalk has been completed, then the property owner or his/her representative shall have the right to repair the sidewalk, provided any such repairs be made under the supervision and inspection of the City Administrator or his/her delegate.
[CC 2001 §12.08.110; Ord. No. 9.07A §19, 5-11-1999]
All payments of charges provided for in this Chapter shall be remitted to the City Clerk to be placed to the credit of a street bond account.