CHAPTER 4
STREETS
ARTICLE 1. EXCAVATIONS IN STREETS
SECTION:
§9530: Permit Required; Deposit
§9531: Application For Permit; Deposit; Superintendent Of Streets To Issue
§9533: Costs Of Refilling Excavations; Refund Of Deposit
§9534: Penalties For Violation
§9530 PERMIT REQUIRED; DEPOSIT
It shall be and is hereby made unlawful for any person, firm or corporation, to make any excavation in any street, alley, or public place within the corporate limits of the City which has been or shall hereafter be paved without first making a deposit as indemnity and securing a permit therefor as hereinafter provided, or to make any excavation therein other than such as may be permitted by such permit. (Ord. 209, §2, adopted 1912)
§9531 APPLICATION FOR PERMIT; DEPOSIT; SUPERINTENDENT OF STREETS TO ISSUE
Any person, firm or corporation desiring or intending to make any excavation referred to in §9530 hereof shall first file with the Superintendent of Streets a notice of his or their said desire or intention and shall in said notice specify the exact location and area of the excavation desired or intended to be made and shall deposit with said Superintendent of Streets a sum equal to fifty cents ($0.50) for each square foot of area of the said excavation proposed or intended to be made, provided that no deposit shall be less than two dollars ($2.00). The Superintendent of Streets shall thereupon file said notice and issue a permit to said person, firm or corporation over his signature acknowledging receipt of said deposit and specifically locating, describing and authorizing said excavation. (Ord. 209, §3, adopted 1912)
§9532 REFILLING EXCAVATIONS
Immediately after the purpose of any such excavation shall have been accomplished, the Superintendent of Streets shall cause said excavation to be refilled and all material taken therefrom to be replaced therein (unless a pipe in excess of four inches diameter was placed therein) and carefully tamped in layers not exceeding six inches (6") in thickness, each such layer being well dampened with water before the next is put in, and, after said filling is in proper condition, shall cause the pavement to be replaced thereon in accordance with the specifications under which the same was originally laid. (Ord. 209, §4, adopted 1912)
§9533 COSTS OF REFILLING EXCAVATIONS; REFUND OF DEPOSIT
The Superintendent of Streets shall defray the cost of said refilling and repaving out of the said deposit and shall thereafter refund to the depositor the balance of said deposit, if any. (Ord. 209, §5, adopted 1912)
§9534 PENALTIES FOR VIOLATION
Any person, firm, or corporation, violating any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars ($300.00) or by imprisonment not exceeding three (3) months or by both such fine and imprisonment and any judgment imposing a fine may also provide that in default of the payment thereof the defendant shall be imprisoned at the rate of one day for each two dollars ($2.00) of said fine remaining unpaid. (Ord. 209, §6, adopted 1912)