City of Malden, MO
Dunklin County
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Table of Contents
Table of Contents
Cross References: As to street and sidewalk provisions, see Ch. 530 of this Code; as to excavation concerning building sewer installation, see § 705.250 of this Code.
[R.O. 1993 § 525.010; R.O. 1932 § 602; CC 1969 § 25-18]
It shall be unlawful for any person within the City to dig, make or cause to be dug or made, any excavation in any street or other public place, or any place immediately adjoining a street or public place and to fail or neglect to place or cause to be placed around and along such excavation such barriers as shall be sufficient to prevent persons, animals or vehicles from falling into such excavation, or to fail or neglect to keep or fail to be kept a red light during the night, at each end of such excavation.
[R.O. 1993 § 525.020; R.O. 1932 § 628; CC 1969 § 25-19]
It shall be unlawful for any person in the City to wilfully remove, destroy or render insecure any barrier or guard erected about any excavation as required by this Chapter, or to extinguish, destroy or remove any light or lamp placed at such excavation, or to aid in or counsel any such removal or destruction.
[R.O. 1993 § 525.030; CC 1969 § 25-20; Ord. No. 2344 § 1-2, 8-26-1985; Ord. No. 2500 §§ 1 — 2, 6-11-1991]
A. 
Any person intending to dig or make an excavation in any street, alley or public place in the City shall make written application to the Street Commissioner for a permit to do so, and shall state therein the nature, kind and extent of the hole or excavation to be dug or made, the location thereof and the necessity or purpose therefor. If such application shows that the proposed digging or excavation is necessary and proper for any lawful purpose, then the Street Commissioner shall issue to such applicant a written permit for such work; provided, that such permit shall not be issued or granted to such applicant by the Street Commissioner except upon the payment of the sum of twenty-five dollars ($25.00) covering the permit fee.
B. 
Before such permit shall be granted, the applicant shall deposit with the City Clerk such sum as in the judgment of the Street Commissioner may be sufficient to restore the street, highway, alley or other public place, public easement or right-of-way, in as good condition as it was before the excavation was made, and in accordance with the conditions provided in this Chapter and to pay all inspection fees incurred therein.
[R.O. 1993 § 525.040; R.O. 1932 § 606; CC 1969 § 25-22]
Any person having a permit to dig or excavate in any of the streets shall, when such excavation or digging is commenced, proceed speedily to complete the work.
[R.O. 1993 § 525.050; R.O. 1932 § 607; CC 1969 § 25-23]
Immediately after the hole or excavation is made in any street as provided in this Chapter and the necessary work completed, it shall be the duty of the person doing the work to notify the Street Commissioner, and such hole or excavation shall thereupon be filled and the street so dug or excavated completely restored under the supervision and direction of the Street Commissioner.
[R.O. 1993 § 525.060; R.O. 1932 § 608; CC 1969 § 25-24]
It shall be the duty of the Street Commissioner to oversee and direct the repairs to any hole or excavation mentioned in this Chapter to keep a true and correct account of the expense of both material and labor required, and the Street Commissioner shall, as soon as the repairs are made and the hole and excavation refilled and completed, make out an itemized statement of the costs of material and labor, and file such statement in the office of the City Clerk.
[R.O. 1993 § 525.070; R.O. 1932 § 609; CC 1969 § 25-25]
After receipt by the City Clerk of the statement of the Street Commissioner showing the amount of expense and cost of material and labor of refilling any hole or excavation and restoring any street, the City Clerk shall deduct all such costs and expenses from the amount deposited with the Street Commissioner, at the time of application for excavation permit, and pay the balance, if any, to the person who made such deposit.
[R.O. 1993 § 525.080; R.O. 1932 § 610; CC 1969 § 25-26]
In the refilling of holes and excavations in any street as provided for in this Chapter, it shall be the duty of the permit holder to refill with approved materials for such work, and in such a way and manner as to completely restore the street to its former condition as far as it is possible so to do, and the Street Commissioner shall supervise and direct the filling of holes and excavations, and he shall report in writing to the City Clerk when such holes or excavations have been refilled and the street completely restored to its former condition or as nearly as it is possible to make such restoration.
[R.O. 1993 § 525.090; R.O. 1932 § 611; CC 1969 § 25-27]
It shall be unlawful for any person holding a permit under this Chapter to fail, neglect or refuse to complete and finish the work of excavation and repairs, and speedily complete the same, or to fail, neglect or refuse to immediately report to the Street Commissioner the fact that such hole or excavation has been made and the work completed.