Chapter 12.08
EXCAVATIONS AND OBSTRUCTIONS
Sections:
12.08.050 Permit—Effect of acceptance.
12.08.060 Utility companies—Requirements.
12.08.070 Liability for damages and injuries.
12.08.080 Standards generally.
12.08.100 Minimum interference with traffic.
12.08.120 Closing of streets and intersections.
12.08.130 Repairs and restoration of pavement.
12.08.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Excavation” means any cutting or digging or removal of earth or other material. This term includes “prospect hole” and “stake hole” as defined in this section.
“Prospect hole” means any hole made by driving a bar, stake or drill for the purpose of locating existing utility pipes or conduits or leaks therefrom, or purpose of a similar nature.
“Stake hole” means any hole made by driving a bar or stake for moving a house or for any similar purpose. (Prior code § 12.12.010)
12.08.020 Permit—Required.
No person, either as principal, agent or employee, shall make any excavation in any public street or alley in the city without first having applied for and obtained a permit for such work from the superintendent of public works unless such work is repair work or emergency maintenance work necessary to the operation of a public service, in which case, the necessary work may be done and a permit applied for the next day thereafter that regular business is transacted. (Prior code § 12.12.020)
12.08.030 Permit—Application.
The applicant for an excavation permit under this chapter shall make and file with the superintendent of public works a written application for such permit. The application shall state the name and residence or business address of the applicant; the purpose, location and area of each excavation intended to be made; a plat showing the location of each proposed excavation and the dimensions thereof; and such other details as the superintendent of public works may require. No plat need be furnished for any excavation for a service connection, location of conduit, trouble in conduit or pipe or for making repairs thereto. (Prior code § 12.12.030)
12.08.040 Permit—Fee.
A. The applicant for an excavation permit under this chapter shall pay to the superintendent of public works on or before the tenth day of the month next following the month in which any such excavation is made, a fee of one dollar ($1.00) for the first twenty-five (25) square feet of surface or less of any such excavation, and an additional fee of one dollar ($1.00) for any amount of excavation over and above the first twenty-five (25) square feet of surface.
B. No fee of more than one dollar ($1.00) as required by this section, need be paid for any permit for more than one excavation of less than one square foot of surface included in the same application.
C. Before making any excavation pursuant to a permit issued under this chapter, no deposit need be made as a regulation for damages and indemnity for damages, except as provided for in other sections of this chapter. (Prior code § 12.12.040)
12.08.050 Permit—Effect of acceptance.
A. The acceptance of any excavation permit issued under this chapter shall bind the permittee thereof to comply with all the provisions of this chapter.
B. The permittee agrees by acceptance of a permit to excavate as provided for in this chapter, to exercise reasonable care to maintain properly any excavation placed by him in any public street or alley and to exercise reasonable care in inspecting for and immediately repairing and making good any injury to any portion of a street which may occur as a result of the work done under any permit issued to the permittee, including any injury to the street which would not have occurred had such work not been done. (Prior code § 12.12.050)
12.08.060 Utility companies—Requirements.
A. Every public service corporation, company, copartnership and person serving the public with gas, water, electricity, electrical energy, telegraphic or telephonic messages, sounds or signals by electricity now doing business in the city and every such corporation, company, copartnership or person not now operating in the city, but which shall hereafter intend to establish business therein, shall, before making any excavation in any public street, highway or alley in the city, file with the superintendent of public works a map showing in detail, relative to street lines, the location of all its proposed underground conduits and underground pipes and wires.
B. Any map required by this section shall be to the satisfaction of the superintendent of public works, who is authorized to reject any such map which shall, in his or her opinion, appear to be inaccurate or insufficient. (Prior code § 12.12.060)
12.08.070 Liability for damages and injuries.
Anyone to whom any permit shall be issued under this chapter shall be responsible for all liability for personal injury or property damage which may arise out of any work done under any such permit, or which may arise out of any failure on the part of any such permittee to perform his or her obligations under the permit in respect to maintenance. In the event any claim of such liability is made against the city or any department, officer or employee thereof, such permittee shall defend, indemnify and hold them and each of them harmless from such claim. (Prior code § 12.12.070)
12.08.080 Standards generally.
All work pursuant to this chapter shall conform to recognized standards of construction. Excavations shall be filled with material as good as the material removed. The filling material shall be of the same kind, location and depth of each kind of material removed. (Prior code § 12.12.080)
12.08.090 Supervision.
All work done pursuant to this chapter shall be done subject to the supervision and to the satisfaction of the superintendent of public works. (Prior code § 12.12.090)
12.08.100 Minimum interference with traffic.
All work done pursuant to this chapter shall be planned and carried out so that there will be the least possible inconvenience to the traveling public. (Prior code § 12.12.100)
12.08.110 Traffic control.
Adequate provision shall be made for the protection of the traveling public during any work done pursuant to this chapter. Barricades shall be placed with red lights at night and flagmen shall be employed as may be required by the particular work in progress. (Prior code § 12.12.110)
12.08.120 Closing of streets and intersections.
A. Whenever any public work is being done upon any street in the city, the superintendent of public works may order the closing of such street or any part thereof to public travel, including any street intersections upon the street where such work is being done.
B. Whenever any street or intersection is so closed, proper barriers or signs shall be placed at both ends of such street or intersection. No person shall drive any vehicle on such closed street or intersection or remove or damage any barriers or signs erected pursuant to this section. (Prior code § 12.12.120)
12.08.130 Repairs and restoration of pavement.
A. Repairs and restoration shall be performed by the city at fees to be established by the city council by resolution. In the event the city council has not established a fee for a particular item of work, the actual cost and expense borne by the city for repairing or restoring the item shall be charged to the permittee. Fees established by the city council shall be reasonably related to the actual costs of making the repair or restoration and may be fixed by a permit unit cost for the area or volume of materials to be applied and by the quality of materials to be applied. Until otherwise established, the current fee for paving repairs for sewer connections shall be at least fifty dollars ($50.00) per excavation repair.
B. The fee shall be paid at the time of application for the excavation permit.
C. Nothing in this section, however, shall relieve the permittee of the obligation to restore or repair the street or improvements on the public right-of-way nearly as is reasonably possible to their former condition. (Prior code § 12.12.130)
12.08.140 Cleanup.
Upon completion of any work done pursuant to this chapter, all brush, timber, scraps and material shall be entirely removed and the right-of-way left in as presentable a condition as it was before the work was started. (Prior code § 12.12.140)
12.08.150 Obstructions.
Except as may be otherwise provided in this code or other ordinances of the city, no person shall obstruct any street, sidewalk or other public way of the city. (Prior code § 12.04.010)