[Code 1979, § 5.251]
It shall be unlawful and an offense for any person, acting either
for himself or acting as agent, employee, independent contractor or
servant of any other person, to make any excavation of more than four
feet below the surface of the undisturbed ground surrounding the excavation,
or to enlarge, extend or deepen any such excavation, for the purpose
of mining for stone, gravel, sand, clay, coal or minerals in the City,
until a permit has been authorized by the City Council and issued
by the City Clerk pursuant to such authorization.
[Code 1979, § 5.252]
Any person desiring to make or have made any excavation shall
make application therefor to the City Council, which application shall
contain full information regarding the proposed excavation, including
the following:
(1)
Date of application.
(2)
Name and address of applicant.
(3)
Location of proposed excavation.
(4)
Proposed depth, area and extent of the excavation,
and time of the proposed excavation.
(5)
Name and address of the owner of any fee or leasehold
interest in the land.
(6)
Manner of proposed excavating.
(7)
Manner of storing, using and disposing of the materials
excavated, including the refuse and/or unused materials so excavated.
(8)
Proposed safeguards for the protection of the public
from dangers created by such excavation.
(9)
Proposed use of the public streets, highways and alleys
of the City in connection with the excavation.
(10)
Proposed drainage and discharge of water from the
land, including surface water diverted from the land.
[Code 1979, § 5.253]
The City Council, within 20 days after the filing of the application under this article, shall determine whether or not the application complies in all respects with this article and shall determine what additional safeguards, land use, drainage, fill back, etc., and such different use of the streets, highways and alleys of the City as may better protect the City and the public. The City Council shall fix the amount of the bond provided for in § 34-34, and shall state the same and such other requirements as are needed for the health, safety and welfare of the inhabitants of the City and the general public. If the proposed excavation is approved, the City Council shall authorize the City Clerk to issue a permit, if and when the applicant complies with the requirements.
[Code 1979, § 5.254]
If a permit is authorized pursuant to this article, no actual
excavation or other operation shall commence or continue until the
permittee shall file with the City Clerk a bond in the amount so set
by the City Council, conditioned upon full compliance with this article
and conditioned upon full performance of the requirements of the City
Council for the health, safety and general welfare of the City and
the general public. The bond is to be executed by a corporate surety
company or be guaranteed by a first mortgage on real estate of the
value double the amount of the bond.
[Code 1979, § 5.255]
The City Council may, among other requirements, demand that
any portion of any excavation which is no longer being excavated be
filled up to a depth of not more than four feet below the surface
of the undisturbed ground around it, and the banks to be graded to
a pitch of not more than one foot drop to each four feet of surface.
The City Council may set standards for drainage from or around the
excavation directly into a natural stream so as to eliminate overloading
of public drains, watercourses and storm sewers.
[Code 1979, § 5.256]
Upon the abandonment of the operations in the excavation, the excavation shall be filled and the banks graded as provided in § 34-35 and shall be drained so that no stagnant water stands therein. No bond of any permittee shall be released or discharged until the excavation is so filled, graded and drained.
[Code 1979, § 5.257]
If the owner desires to develop the land into residential property
with the excavation as a lake thereon, he may make application therefor
to the City Council, who may authorize such permit, provided the permittee
grades the banks of the excavation to a pitch of not more than one
foot drop to each four feet of surface from the top of the bank to
the high water mark, with a pitch from the high water mark into the
water to a depth of eight feet below the low water stage, with a drop
of not more than one foot to each eight feet of surface. The bond
shall not be released or discharged until the grading is completed
and the land duly platted.
[Code 1979, § 5.258]
During the continuance of the bond as required in this article,
any such excavation of four feet depth or more shall be completely
surrounded with a fence or a wall constructed of such material and
in such manner and of such heights as will reasonably keep children
away from the excavation, and there shall be posted on the fence,
not more than 100 feet apart, "no trespassing" signs warning of the
dangers of the excavation.
[Code 1979, § 5.259]
All stockpiles of material from the excavation, if any, shall
be within the enclosure of the fence.
[Code 1979, § 5.261]
It shall be unlawful for any permittee under this article to
do any blasting of any kind in any excavation as described in this
article.
[Code 1979, § 5.260]
If any permittee under this article shall default on any of
the requirements, the City may perform the obligations of the permittee
at the expense of the permittee, and may collect the costs of the
work from the permittee and/or the surety on the bond in any court
action as may be available to the City at that time; and/or the City
may assess the costs or any unpaid part thereof upon the lands of
the permittee within the City; or the City may resort to an equitable
action to compel performance of the obligations and/or to restrain
violations of this article.
