Chapter 12.08 — EXCAVATIONS

It is unlawful for any person, firm or corporation to make, or to cause or permit to be made, any excavation in or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any pole, tank, sewer pipe, conduit, duct or tunnel, or for any other purpose, without first obtaining from the City Clerk a written permit to make such excavation, and making a deposit to cover the cost of inspection and of restoring such public street, alley, sidewalk or other public place to its original condition, together with the incidental expenses in connection therewith, all as hereinafter provided in this chapter. (Ord. 36 §1, 1949)

The City Clerk, before issuing such permit, shall require: A written application therefor, to be made and filed with the City Clerk, when in the application is set forth the name and residence or business address of the person, firm or corporation 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. (Ord. 36 §1, 1949)

A. When the application to excavate complies with the terms of this chapter, the application shall be approved by the City Engineer. The application shall be filed with the City Clerk, together with a special deposit established by resolution of the City Council.

B. Provided, that any person, firm or corporation intending to make any excavation in any public street, alley or other public place may make and maintain with the City Clerk a deposit established by resolution of the City Council, which shall permit the issuance of permits for excavations up to 300 square feet per month, which general deposit shall be used for the same purpose as the special deposit described in subsection A of this section; and while such general deposit is maintained, such person, firm or corporation shall not be required to make the special deposit hereinbefore provided, but shall be required to file a written application for a permit for each such excavation, showing the location thereof as in this chapter provided, and to comply with all other provisions of this chapter. (Ord. 36 §3, 1949; Ord. 2013-414 §23)

A. Upon receiving a written application, as provided in Sections 12.08.010 and 12.08.020 of this chapter, each bearing the approval of the City Engineer, and the general or special deposit required by Section 12.08.030 hereof, the City Clerk shall issue a written permit to make such excavation, and shall open and keep an account thereof. No permit shall be transferable.

B. Every such permit shall become null and void unless the excavation to be made pursuant thereto is commenced within 60 says from the date of issuance of such permit, and the work diligently prosecuted as required in this chapter.

(Ord. 36 §4, 1949)

If the work of excavation is not commenced within 60 days from the date of issuance of such permit, the permit shall be canceled and the City will retain a fee in the sum of one dollar from the general or special deposit made by the person, firm or corporation to whom such permit was issued. (Ord. 36 §1, 1949)

It is unlawful for any persons, firm or corporation to make, or cause or permit to be made any excavation, or to install or maintain, or to cause or permit to be installed or maintained any pole, tank, sewer pipe, conduit, duct or tunnel in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described in the application filed by such person, firm or corporation, as required by the provisions of this chapter. (Ord. 36 §2, 1949)

It shall be the duty of every person, firm or corporation making any excavation in any public street, alley or other public place, to maintain safe crossings for vehicle traffic at all street intersections, and safe crossings for pedestrians at intervals of not more than 300 feet. If any such excavation is made across any public street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians. Free access must be provided to all fire hydrants. All materials excavated shall be laid along the side of the trench and kept so as to cause as little inconvenience as possible to public travel. (Ord. 36 §7, 1949)

All gutters or any direct watercourse must be kept open at all times, and no obstructions or deposits of dirt shall be placed thereon, or along any gutter lines, so as to interfere in any way with the flow of drainage or rainwater by reason of any work referred to herein. (Ord. 36 §7, 1949)

All excavations shall be filled by the person, firm or corporation making the same in a good and workmanlike manner, and tamped firm. Such person, firm or corporation shall then repair the surface of the street, alley, sidewalk or other public place to its original condition, and notify the City Clerk of the completion of the work. The City Engineer shall then inspect the work, and if the same meets with his or her approval, give in writing upon the permit herein provided for. (Ord. 36 §5, 1949; Ord. 2015-436 §1)

In the event that the excavation has not been adequately filled and surfaced, in the opinion of the City Engineer, the City may cause such work to be performed, and charge the person, firm or corporation for the cost thereof.

(Ord. 36 §6, 1949; Ord. 2015-436 §1)

Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment in accordance with the general penalty provisions then in effect in the City, pursuant to Chapter 1.08 of this code, as amended. (Ord. 36 §8, 1949; Ord. 86-271 §12)