TITLE 12. STREETS, SIDEWALKS AND PUBLIC PLACESTITLE 12. STREETS, SIDEWALKS AND PUBLIC PLACES\Chapter 12.08 EXCAVATION AND OBSTRUCTIONS

As used in this chapter:

A.    “Alley” means and likewise includes both the traveled and untraveled portions thereof.

B.    “Person” means and includes two or more natural persons and any firm, firms, corporation or corporations.

C.    “Street” means and includes not only the portion thereof improved for vehicular or pedestrian traffic, but every other portion thereof as well, whether so improved or not.

(Ord. 203 C.M. § 2, 1949)

It is unlawful for any person, firm or corporation to make or cause any excavation to be made in any street or alley in the city, for any purpose whatever, without first filing written application with the city clerk and procuring written permission so to do.

(Ord. 203 C.M. § 1, 1949)

The provisions of this chapter shall not apply to:

A.    Any holder of a franchise granted by the city for the operation of a telephone or telegraph system; nor

B.    Any officer, agent or employee of the city while acting pursuant to his duties or employment.

(Ord. 203 C.M. § 7, 1949; Code 2016)

A.    The application mentioned in Section 12.08.020 of this chapter shall be signed by the person doing or having the work in charge, if a licensed plumber; otherwise, it shall be signed by the owner or owners of the real estate to the use or occupancy of which such work relates.

B.    Such application shall describe the location, size and purpose of the excavation, and contain agreement whereby the applicant undertakes to indemnify and save the city and its officials and employees harmless from any and all loss, claims and liability resulting from such excavation, and shall be accompanied by payment to the city clerk, where such excavation is to be made in a paved street or alley, of a $50.00 permit fee.

(Ord. 203 C.M. § 3, 1949; Code 2016)

Such permission shall be granted by the city if the application complies with this chapter and the excavation is necessary in laying, connecting or repairing any utility lines or pipes.

(Amended during 1989 codification; Ord. 203 C.M. § 4, 1949; Code 2016)

Any such excavation shall be made and completely refilled as per city specifications and instructions, with all reasonable speed, and where made in an area paved with brick or concrete, or both, the paving shall be removed from a ledge two inches wide entirely surrounding the deeper excavation. All excess earth and other material and rubbish shall be promptly removed when the excavation is refilled.

The contractor performing the work shall be responsible for the opening or excavation for two years from the date the opening or excavation is closed, and shall be required to repair and defects during such time.

(Ord. 203 C.M. § 5, 1949; Code 2016)

Until refilled, all such excavations shall be adequately and safely guarded by substantial guard railings and warning obstructions at all times, and also by two or more lighted flares or lanterns except during daylight. The person doing such work, the person having such work in charge, and the owner or owners of the real estate, to the use or occupancy of which such work relates, shall all be jointly and severally responsible for the placing and proper maintenance at and about such excavation, until properly refilled, of such guard rails, warning obstructions and lighted lanterns or flares, as herein required.

(Ord. 203 C.M. § 6, 1949)

Any person or persons who shall willfully place on any street or alley, or on any sidewalk within the limits of the city, any obstruction of any kind whatever, dirt, stone, sand, brick, lumber, lime or any other obstruction, or remove any sidewalk or crossing without the permission of the city, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty dollars nor more than five hundred dollars, plus court costs, for each and every such offense.

(Ord. 37 § 1, 1916; Code 2016)