[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.
