[Adopted 5-20-1968; amended in its entirety 4-26-2021]
It shall be unlawful to deface, damage, destroy or cause destruction or deterioration or to open or dig into, in any way, any street, alley, sidewalk, curb, gutter, public property or other public way within the City of Lewes.
All maintenance and repair of streets, alleys, sidewalks, curbs, gutters, public property or other public ways within the City of Lewes shall be under the supervision of the City of Lewes, and the City Manager is hereby authorized to enforce such ordinance provision. Work to be done on streets, sidewalks or other public property shall comply with specifications of the City and/or the Board of Public Works (see details in Attachment 1 to this chapter). All work shall meet current City specifications and ordinances. All traffic control and safety shall be coordinated with the Lewes Police Department; any work on the following streets, or any other street designated by the Building Department, shall meet the requirements of the Delaware Manual on Uniform Traffic Control Devices (MUTCD), current edition, as agreed upon with the Lewes Police Department and City Building Department: American Legion Road, Anglers Road, Coleman Avenue, 4th Street (Savannah Road to New Road), Devries Circle, Franklin Avenue (Kings Highway to Schley Avenue), Gills Neck Road, Market Street (3rd Street to Front Street), Monroe Avenue (Kings Highway to Freeman Highway), Mulberry Street (3rd Street to 2nd Street), Schley Avenue, Second Street, Sussex Drive, and 3rd Street. Any person, firm, or corporation, after obtaining the required permit from the City Building Department, must contact the Building Department at least 72 hours in advance of any excavation authorized within that permit such that site inspection of the excavation can be coordinated.
It shall be unlawful for any person, firm or corporation to dig into, open or excavate in or under the bed of any street, road, highway, lane, alley or sidewalk, curb, gutter, public property or other public way in the City of Lewes for the purpose of placing, erecting, laying or repairing therein or thereunder any poles, pipes, mains, wires or conduits, or for any other purpose, without first obtaining a permit therefor from the City of Lewes Building Department; provided, however, that no permit shall be required in the case of an extreme emergency which requires the immediate digging into, opening or excavating in order to preserve life or property. In the event of such an extreme emergency at any time the City Office is closed, prior to any digging, opening or excavating, the Lewes Police shall be contacted, who in turn shall notify the proper City Officials. All required reports and permits, required under an emergency condition shall be obtained from the Building Department on the next regular business day. At the time of such permit application, the person, firm or corporation shall be required to explain, in writing, the cause or nature of the emergency and shall state the name of the street and location where such opening or excavation has been made; provide a drawing indicating the purpose, depth and width of the opening or excavation; the traffic control measures for streets listed in § 167-4; and the date when the opening or excavation shall be completed. At the time of such permit application, a bond or cash, as hereinafter required, shall be posted, except for persons, firms or corporations which have applied for and received a license to practice plumbing within the corporate limits of the City of Lewes.
Any person, firm or corporation desiring to dig into, open or excavate in or under any such street, road, highway, lane, alley or sidewalk, street, road, highway, lane, alley or sidewalk, for any such purpose as hereinbefore set forth shall first make written application to the Building Department for a permit for such work, stating in such application the name of the street and the location where such an opening or excavation is to be made; provide a drawing indicating the purpose, depth and width of the opening or excavation; and the date when the work will be commenced and the date when it will be completed. Application approval is contingent upon receipt of a good and sufficient bond or cash as specified in the fee schedule maintained by the City of Lewes, conditioned that the person, firm or corporation that will do such digging into, opening or excavating will faithfully observe all the laws pertaining to such digging into, opening or excavating and further conditioned that the City of Lewes, its agents, servants, employees, officers and independent contractors, shall be indemnified and saved harmless from all claims arising from accidents and damage of any character whatsoever caused by the negligence of such person, firm or corporation engaged in the digging into, opening or excavating of any street, as hereinbefore required, or by any unfaithful act; inadequate work done either by such person, firm or corporation or their agents, servants, employees or independent contractors and that such person, firm or corporation will maintain in a safe condition for a period of one year all such openings or excavations and, further, that all dirt and other material excavated will be replaced in a good condition pursuant to the ordinances of the City of Lewes. The Building Department, upon receipt of the application and the bond, as hereinbefore set forth, and the nonrefundable fee as specified in the fee schedule maintained by the City of Lewes, shall then issue a permit for such opening or excavation, subject to the terms and conditions of this section, and conditioned upon being satisfied that it is to be made in a proper location and for a proper purpose; provided, however, that a person, firm or corporation engaged in the business of plumbing within the corporate limits of the City of Lewes who has furnished the Mayor and Council of Lewes with a good and sufficient bond pursuant to the provisions of the Plumbing Code of the City of Lewes shall not be required to furnish a bond pursuant to the provisions of this section.
A. 
Any person, firm or corporation receiving such a permit as prescribed by this article shall complete the work thereunder as promptly as possible within 60 calendar days of the permit issue date and shall take all reasonable precautions to avoid accidents to persons and property and shall protect properly the public from injury by reason of any such opening or excavation. Cold weather delays to final trench paving shall be handled by installing the temporary patch per Detail 1001 in accordance with the standards described in § 167-8 of this chapter and with the approval of the Building Department, with the permanent trench restoration patch installed within 30 days of the weather conditions allowing for the permanent patch. Any hole, opening, excavation, obstruction or dangerous area created incident to such work shall be roped off or otherwise guarded, and amber lights shall be maintained and kept thereat for a period of one hour before sunset to one hour after sunrise. Upon completion of the work, every such person, firm or corporation shall fully fill any such opening or excavation so made and shall immediately repair and restore the street or way disturbed in accordance with the standards described in § 167-8 of this chapter.
B. 
In case any such person, firm or corporation shall fail to so repair, restore or maintain such street, sidewalk, curb, gutter, public property or other public way for a period of 48 hours after written notice to do so is given by the Building Official, then said Building Official shall proceed to repair, restore and maintain such street, sidewalk, curb, gutter, public property or other public way at the cost and expense of such person, firm or corporation, and, in such case, an action may be brought in the name of the Mayor and Council of Lewes against such person, firm or corporation and against the surety on the bond for such costs and expenses.
Street patching standards for the City of Lewes shall be as shown on Attachment 1 - Drawing numbers 10 through 15 and 1000 through 1100, attached hereto and incorporated herein by reference.
A. 
Any person, persons or groups of persons who shall commit or cause the commission or allow or participate in the commission of acts that are prohibited in this article shall, upon conviction thereof, be fined not less than $50 nor more than $200 or imprisoned for a period of not more than 30 days, or both, and shall pay the costs of prosecution and court costs, attorney's fees and Victim's Compensation Fund Assessment, the costs of the repairs to meet City standards, in addition to any other remedies provided by law or this article.
B. 
Each incident or each day during which violation of this article shall continue shall constitute a separate offense.
C. 
The commission, allowance or participation in any activity defined as a violation of this article shall be deemed and is hereby declared to be a common and public nuisance.
D. 
The Mayor and City Council may institute appropriate proceeding to restrain or enjoin further action in violation of the article and/or proceedings to abate any violation. In this event, the Mayor and City Council shall be entitled to collect from the offending party or parties the City's reasonable attorney's fees, legal costs and expenses, and court costs, as a part of any judgment or award in a civil action brought to restrain or enjoin a violation.
E. 
Civil remedies are in addition to and not in lieu of the penalties provided herein.
F. 
Nothing in this article establishing a penalty for violations shall be interpreted as preventing a court of competent jurisdiction from ordering a person violating this article to make restitution to the City. Such action may be ordered in lieu of a fine or a penalty, in addition to a fine or other penalty, or included in an order suspending a sentence on certain conditions.
The requirement for a permit fee and bond shall not be applicable to work performed by employees of the Board of Public Works under direction of the General Manager or his designated representative.