Chapter 12.08 EXCAVATION

It is unlawful for any person to make or cause to be made any excavation in or under the surface of any public street, alley, sidewalk or other public place in the city for the installation, repair or removal of any pipe, conduit, duct or tunnel, or for any other purpose, without first obtaining from the city engineer a written permit to make such excavation, and the making of a deposit to cover the cost of restoring said public street, alley, sidewalk or other public place to its original condition, all as provided in this chapter. (Ord. 703 (part), 1977).

12.08.020 Permit—Application and plat requirements.

A. The city engineer shall, before issuing the permit, require:

1. A written application therefor to be made and filed with the city engineer wherein the applicant shall set forth the name and residence or business address of the person making such application, and shall state in detail the location and area of each excavation intended to be made, and shall state the purpose for which the excavation is to be made and used;

2. The presentation of a plat showing the location of each proposed excavation and the dimensions thereof, and such other details as the city engineer may require to be shown upon said plat; provided, that the filing of plats shall not be required for the location of trouble in conduits or in pipes or for making repairs thereto.

B. Where application is made for permits to excavate public streets for side sewer connection, payment shall be made to the city in accordance with fee schedules established by resolution of the city council.

C. When the applicant for such permit complies with these provisions and the regulations of the city council, the application and plat shall be approved by the city engineer, and a permit issued by him. (Ord. 703 § 2, 1977).

12.08.030 Permit—Limitations.

A. No permit shall be issued unless the applicant has legal authority to occupy and use, for the purposes mentioned in the application, the streets, alleys, sidewalks or other public places covered by such application. No permit shall be transferable. Such permit shall become void unless the excavation to be made in pursuance thereof is commenced within ten days from the date of the issuance of such permit.

B. After such excavation is commenced, the work of making the same and installing the pipe, conduit, duct or tunnel for which such permit has been granted, including the restoring of the street, shall be prosecuted with due diligence so as not to obstruct the street or other public place of travel more than in actually necessary. (Ord. 703 § 10, 1977).

12.08.040 Permit—Completion date to be specified.

The public works director shall specify on every permit issued pursuant to this chapter a completion date prior to which date the work shall be completed. (Prior code § 25.59: Ord. 284 § 5 (part)).

12.08.050 Permit—Duration—Extension of time generally.

Every permit issued pursuant to this chapter for work to be done shall be void if such work is not completed prior to the completion date specified on the permit; provided, however, that the public works director may, for good cause, as hereinafter provided, grant a written extension of time to the permittee, which grant shall extend the validity of the permit to, but not to include, a subsequent completion date the public works director shall specify in the written extension of time. (Prior code § 25.60: Ord. 284 § 5 (part)).

12.08.060 Permit—Applicant to furnish maps and records.

An applicant shall furnish to the public works director at the time of application, copies of the maps and records referred to in Section 12.08.110 if the applicant is requested to do so by public works director. (Prior code § 25.61: Ord. 284 § 5 (part)).

12.08.070 Permit—Issuance restricted.

The public works director shall refuse to and prevent the issuance of a permit to any person who is in violation of, or who has failed to comply with, any provisions of this chapter in connection with the permit being applied for or any permit previously issued except as provided in Sections 12.08.400 and 12.08.420. (Prior code § 25.62: Ord. 284 § 5 (part)).

12.08.080 Permit—Revocation.

The public works director shall for noncompliance with any of the provisions of this chapter revoke in writing any permit granted pursuant to this chapter. (Prior code § 25.63: Ord. 284 § 6).

12.08.090 Completion of work required by specified date—Exception.

The permittee shall complete all work prior to the completion date specified in any permit issued pursuant to this chapter unless a written extension of time for good cause shown is granted by the public works director. (Prior code § 25.68: Ord. 284 § 8).

12.08.100 Notice of commencement of work required.

A permittee shall give notice to the public works director of the planned time of commencement of any work at least two working days prior to such planned time of commencement. If requested to do so by the public works director, the permittee shall give similar notice to the police department. (Prior code § 25.65: Ord. 284 § 7 (part)).

12.08.110 Records of underground utilities required.

All persons owning underground facilities located in the city shall keep current, adequate and complete maps and records of same. (Prior code § 25.64: Ord. 284 § 5 (part)).

12.08.120 Public service corporations—Applicability of provisions.

A. Every public service corporation desiring to make any excavation in any public street in the city shall comply with all the provisions of Sections 12.08.010 and 12.08.020 as to the obtaining of a permit therefor except that payment of the sums mentioned of Sections 12.08.010 and 12.08.020 by a public service corporation may be waived upon a determination by the director of public works that such corporation has demonstrated satisfactory compliance with this chapter.

B. Such public service corporation upon the completion of the laying of pipe in any excavation made by it in any public street of the city shall immediately thereafter proceed to refill such excavation and to restore such street to its original condition without necessary delay; provided further, that upon the completion of the work of refilling any such excavation, the space left for the wearing surface shall, between the time of finishing of such refilling and the repaving of the street, be filled with either slabs of surfacing removed by it in making such excavation, or by boards or other smooth material which will afford a temporary safe and passable crossing for vehicles. (Ord. 703 § 5, 1977).

12.08.130 Public service corporations—Cost for resurfacing by city.

Any public service corporation desiring that any resurfacing over any excavation made by it be done by the city shall pay to the city engineer the cost of such work plus twenty-five percent; provided, that if any work of restoring any street to its original condition by any public service corporation after the making of any excavation therein is not properly done, or thereafter sinks or rises above the level of the adjoining portion of such street, such corporation shall upon notice from the city engineer immediately proceed to repair such street to the satisfaction of the city engineer, and in the event that such corporation fails or neglects within ten days after receipt of such notice to so repair or restore such street, then the city engineer may perform such work and such corporation shall thereupon be liable and shall pay to the city the cost thereof, plus twenty-five percent, which amount may be deducted from the deposit of two hundred fifty dollars, or if such deposit is insufficient to pay the cost thereof, then such corporation shall be liable to the city for the balance of any such public service corporation to keep the deposit up to the full sum of two hundred dollars at all times. (Ord. 703 § 6, 1977).

12.08.140 Effect of arrearages.

No person in arrears to the city by reason of any obligation or liability arising under these provisions shall be granted any further permits to make excavations in any street of the city until such arrearage has been fully paid. (Ord. 703 § 7, 1977).

12.08.150 Emergency repairs and parkway excavations excepted.

A. It is provided that in cases of emergency where it becomes necessary at any time other than the business hours of any day for a public service corporation to make an immediate repair to any pipe or conduit maintained by it in any public street in the city, such work may be done without first obtaining the permit required in this chapter; provided, that the application for such permit shall be made for the performance of such work upon the next business day.

B. It is further provided that these provisions shall not apply to excavations made in parkways between the curb and sidewalk; provided, that the refill of such excavations shall be done to the satisfaction of the city engineer. (Ord. 703 § 13, 1977).

12.08.160 Notification of police in event of emergency street cuts.

The permittee shall notify the police department of his intention to make an emergency street cut prior to making same. (Prior code § 25.66: Ord. 284 § 7 (part)).

12.08.170 Specifications for service connections or repairs in public streets.

A. All excavations for service connections made in public streets under the provisions of these regulations shall be made by open ditch and no tunneling shall be done except under car tracts, curbs or sidewalks. All such excavations shall be made not more than two feet in width at the top and may slope in so as to be not more than twelve inches wider than the outside of the pipe to be laid in such excavations.

B. Where application is made for a permit to excavate in any public street for the purpose of repairs only, the holder of such permit shall immediately, upon completion of the making of such excavation, pay the city for such excavation in accordance with fee schedules established by resolution of the city council. (Ord. 703 § 3, 1977).

12.08.180 Inspection and backfilling requirements.

A. The holder of any permit for side sewer connections as provided in this chapter shall proceed without unnecessary delay after the issuing of such permit to complete the work for which such permit was issued, and upon completion thereof shall notify the sewer and street inspector of the city thereof.

B. Immediately after the sewer and street inspector has passed and approved the work for which such permit was issued, the holder of such permit shall, under the supervision and direction of the sewer and street inspector, backfill such excavation at his own cost and expense and in the following manner: fine dirt shall be carefully deposited and compacted by hand tampers in layers not exceeding eight inches to a level of one foot above the top of the pipe. The trench shall then be backfilled in layers not to exceed five feet to within a distance of one foot from the surface of the roadway and compacted by jetting water into the fill material to the satisfaction of the sewer and street inspector. If hand or machine tampers are to be used, the trench shall be backfilled and compacted in six-inch layers to within one foot of the surface of the roadway. The top one foot backfill shall be hand or machine tampered and the paving material excavated from the street shall be placed on top of the fill and compacted as thoroughly as possible so that the roadway may be left in a safe and passable condition for vehicles. (Ord. 703 § 4, 1977).

12.08.190 Restoration.

When the applicant has completed the work of installing any pipe, conduit, duct or tunnel for which a permit has been granted, the city engineer shall be immediately notified thereof and the city engineer shall thereupon proceed to restore such street, alley, sidewalk or other public place to its former condition except as in the case of a public service corporation electing to do such work as provided in Sections 12.08.120 and 12.08.130. (Ord. 703 § 9, 1977).

12.08.200 Removal of wearing surface of streets.

Wherever practicable, any person making any excavation for which a permit has been obtained shall remove the wearing surface of any improved street in slabs of at least four feet in length. (Ord. 703 § 11, 1977).

12.08.210 Paving—Specifications for trenches and excavations.

The permittee, except the permittee for house sewer cuts, shall pave all trenches and excavations in strict accordance with the “Standard Specifications for Street Cut Repairs.” (Ord. 531 § 1 (part), 1966: prior code § 25.82.1: Ord. 284 § 13 (part)).

12.08.220 Temporary paving of house sewer cuts—Specifications.

The permittee for house sewer cuts shall place temporary pavement in accordance with the “Standard Specifications for Street Cut Repairs.” Permanent paving shall be constructed by the city. (Ord. 531 § 1 (part), 1966: prior code § 25.82.2: Ord. 284 § 13 (part)).

12.08.230 Temporary paving of house sewer cuts—Notification of completion of backfilling.

Upon completion of the backfill for house sewer cuts pursuant to Section 12.08.220, the permittee shall notify the public works director of such completion on forms furnished by the public works director. (Ord. 531 § 4, 1966: prior code § 25.86: Ord. 284 § 14 (part)).

12.08.240 Temporary paving of house sewer cuts—Procedure upon completion and approval of backfill.

The public works director, upon receipt of notice specified in Section 12.08.230, and upon approval of work pursuant to Section 12.08.440 to 12.08.480, shall cause the street cut referred to in such notice to be paved. (Prior code § 25.87: Ord. 284 § 14 (part)).

12.08.250 Temporary paving of house sewer cuts—Maintenance.

The permittee shall maintain and repair temporary pavement until such time as permanent pavement is placed by the city or for a period of ninety days after placing the temporary pavement, whichever occurs first, and if after twenty-four hours notice from the public works director that repairs are needed the permittee has not repaired the temporary pavement, the public works director shall make the repairs and charge to the permittee a fee established by resolution of the city council. (Ord. 531 § 1 (part), 1966: prior code § 25.82.3: Ord. 284 § 13 (part)).

12.08.260 Paving fee—Required—Payment.

A. Fees for placement of permanent pavement for house sewer cuts by the city shall be established by resolution of the city. The required fees shall be paid at the time of making application for the street cut permit.

B. The permittee shall pay to the city the paving fee at the time the permit is issued. (Ord. 531 §§ 2, 3, 1966: prior code §§ 25.83, 25.84: Ord. 284 § 14 (part)).

12.08.270 Paving fee—Exemption of public utilities and governmental agencies.

Public utilities, governmental and quasi-governmental agencies organized under the laws of the state, who by past action have, in the opinion of the public works director, demonstrated their reliability, shall not pay any paving costs and shall pave or cause to be paved at their sole cost and expense, all street cuts made by them pursuant to this chapter. (Prior code § 25.85: Ord. 284 § 14 (part)).

12.08.280 Maintaining house sewer cuts.

For a period of two years after the notice of completion of backfill and temporary pavement has been submitted, the permittee shall exercise reasonable care in inspecting and immediately notifying the public works director of the need for repair where settling of the backfill has caused the backfill to sink. The permittee shall pay a fee established by resolution of the city council for the required repair work done by the city. The public works director shall cause the pavement to be repaired when required whether notified by the permittee or not and charge the cost of such repairs to the permittee. (Ord. 531 § 5, 1966: prior code § 25.87.1).

12.08.290 Interference with traffic.

The permittee shall perform all work in a neat and workmanlike manner and so program the work as to cause the minimum of interference with traffic and the minimum of inconvenience to the public. (Prior code § 25.69: Ord. 284 § 9 (part)).

12.08.300 Inconvenience to public travel.

A. It shall be the duty of every person making any excavations in a public street, alley or other public place to maintain safe crossings for vehicle and pedestrian traffic at all street intersections. Free access must be provided to all fire hydrants and all materials excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as possible to public travel.

B. If the street is not wide enough to hold the excavated materials without using part of the adjacent sidewalk, the person by whom the excavation is made shall erect a tight board fence upon and along such sidewalk and keep a passageway at least four feet in width upon and along such sidewalk. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. (Ord. 703 § 8, 1977).

12.08.310 Closing of streets.

The public works director shall grant written permission to the permittee, upon written application by the permittee directed to the public works director, granting to the permittee authority to close or cause to be closed, for limited periods, city streets, driveways or areas not under control of the State Division of Highways if in the written opinion of the public works director the public interest can best be served thereby. (Prior code § 25.73: Ord. 284 § 9 (part)).

12.08.320 Construction of detours, bridges and temporary crossings.

The permittee shall, at his own expense, construct and maintain in good condition, such detours, detour bridges and temporary crossings for public use as are deemed necessary for the proper execution of the work or when the same are ordered in writing by the public works director. (Prior code § 25.74: Ord. 284 § 9 (part)).

12.08.330 Temporary crossings for private driveways.

The permittee shall install and maintain temporary crossings for private driveways. (Prior code § 25.75: Ord. 284 § 9 (part)).

12.08.340 Coordination of work with other agencies.

The permittee shall coordinate all work with other agencies and concerns working in the area to the end that public convenience is least impaired and to the satisfaction of the public works director. (Prior code § 25.76: Ord. 284 § 9 (part)).

12.08.350 Barricades and warning signs—Required.

The permittee shall provide and maintain, during the performance of the work, to ensure complete public safety, such fences, barricades, warning and directional signs, flares, red lights, watchmen and flagmen as are or may be required by existing laws and regulations, and as are or may be deemed necessary by the public works director. (Prior code § 25.77: Ord. 284 § 10 (part)).

12.08.360 Barricades and warning signs—Installation by city upon failure of permittee.

In the event the permittee, in the opinion of the public works director, fails to place sufficient safety devices on or about the permittee’s work, the public works director shall place or cause such city owned safety devices as are deemed necessary by the public works director for the complete safety of the public at each corner of any street cut and at such other locations as he shall consider necessary to provide properly for public safety. (Prior code § 25.78: Ord. 284 § 10 (part)).

12.08.370 Barricades and warning signs—Payment of cost.

The permittee shall pay to city, within thirty days of receipt of a bill therefor, the cost of placing all safety devices placed by the city pursuant to Section 12.08.360. (Prior code § 25.79: Ord. 284 § 10 (part)).

12.08.380 Identification of barricades.

The party making the street cut shall clearly paint on barricades in letters not less than four inches high emergency information consisting of the name and emergency telephone number of the party making the street cut, and such party shall cause at least one such barricade to be erected at every job site until the work is completed and formally accepted by the city pursuant to this chapter. (Prior code § 25.81: Ord. 284 § 12).

12.08.390 Compliance with safety orders and applicable laws.

The permittee shall obey and enforce all safety orders, rules and recommendations of the Division of Industrial Safety of the state applicable to the work, and the permittee shall comply with all applicable state and local laws, ordinances, codes and regulations. (Prior code § 25.80: Ord. 284 § 11).

12.08.400 Completion of work by city—Authorized when.

The public works director, with or without notice to permittee, shall complete all work not completed by permittee pursuant to Sections 12.08.210, 12.08.220 and 12.08.250, which work was not completed by permittee within the time specified on the permit pursuant to Sections 12.08.040 and 12.08.050, and which work was not approved by the public works director pursuant to this chapter. (Prior code § 25.88: Ord. 284 § 15 (part)).

12.08.410 Completion of work by city—Payment of cost.

The public works director shall charge to the permittee, and the permittee shall pay to city, the actual cost of work caused to be completed by the public works director pursuant to this section, plus fifteen percent as an overhead charge. (Prior code § 25.89: Ord. 284 § 15 (part)).

12.08.420 Bond required of permittee when.

If the permittee fails, in the opinion of the public works director, to comply with Sections 12.08.210, 12.08.220, 12.08.250 or 12.08.350 to 12.08.370, the public works director shall refuse to and prevent the issuance of any subsequent permit to the permittee until the permittee has posted with the city a five-hundred-dollar cash bond, which bond or any part of it shall be used as follows:

A. To pay the cost plus fifteen percent of the work completed by the public works director pursuant to Sections 12.08.400 and 12.08.410 under the permit issued prior to or subsequent to posting of such bond;

B. To pay the cost plus fifteen percent of all safety devices placed on or about permittee’s work pursuant to Sections 12.08.350 to 12.08.370, which devices were or are placed prior to or subsequent to posting of such bond in connection with any permit issued prior to or subsequent to the posting of such bond. (Prior code § 25.90: Ord. 284 § 15 (part)).

12.08.430 Issuance of permit not deemed exclusive right to use surface area.

The issuance of a permit does not guarantee to a permittee the exclusive use of any surface area occupied by the permittee. (Prior code § 25.91: Ord. 284 § 16).

12.08.440 Inspection—Required—Fee payment.

The public works director shall inspect all work done by the permittee and the permittee shall pay the city the amounts specified in Section 12.08.450 for such inspection. (Prior code § 25.92: Ord. 284 § 17 (part)).

12.08.450 Inspection—Fee—Schedule.

The public works director shall from time to time prepare a schedule of standard inspection fees. Inspection fees appearing on such schedule shall not exceed the estimated actual cost of inspection plus three percent for administration and overhead. The public works director shall from time to time file such schedule in the office of the city clerk and such schedule shall be designated as and referred to as “schedule of standard inspection fees” to be charged pursuant to this chapter. Such schedule shall not be effective until it is duly adopted by resolution of the city council. (Prior code § 25.93: Ord. 284 § 17 (part)).

12.08.460 Inspection—Fee—Payment when.

The permittee shall pay to the city the applicable standard inspection fee at the time a permit referred to in Section 12.08.010 is issued to the permittee. (Prior code § 25.94: Ord. 284 § 17 (part)).

12.08.470 Approval of street cut.

The public works director, upon approval of any street cut, shall specify such approval in writing and transmit same to the permittee. (Prior code § 25.96: Ord. 284 § 17 (part)).

12.08.480 Maintenance of approved street cut by city.

Upon approval of any street cut pursuant to Section 12.08.440 to 12.08.470, the city shall thereafter maintain such approved street cut. (Prior code § 25.97: Ord. 284 § 17 (part)).

12.08.490 Liability for accidents.

A. The permittee is responsible for any and all claims and liabilities for damages proximately caused by any of the work permitted by this chapter proximately caused by the permittee’s failure to perform his obligations under the permit. In the event such claims or liabilities or damages are made against the city, the city council, the public works director, or any department, officer or employee thereof, the permittee shall, and by acceptance of the permit agrees to defend, indemnify and hold them and each of them harmless from such claim. Upon request of the public works director, the permittee shall take out such public liability insurance as the city attorney may specify or require; provided, however, that the total of such insurance shall not exceed:


Type	Minimum Amount
Public liability insurance
One person	$100,000.00
One accident	300,000.00
Property damage	50,000.00

B. In lieu of such public liability insurance, with the approval of the public works director, the permittee may furnish satisfactory evidence of self-insurance. (Prior code § 25.98: Ord. 284 § 18).

12.08.500 Use of alternate methods and materials.

The public works director shall determine all questions concerning which alternative methods, and materials may be used by the permittee. (Prior code § 25.99: Ord. 284 § 19).

12.08.510 Exceptions.

None of these provisions shall apply to any work done or to be done in or along any public street, alley or public place pursuant to any law of the state for the improvement thereof, or to any work done or to be done along, in or upon any such street, alley or other public place pursuant to any contract for improvement authorized by the city council; nor shall these provisions apply to excavations made by any department, board or officer of the city in the discharge of its or his official duties. (Ord. 703 § 12, 1977).