Excavation on public ways:
Sec. 11-4.01 Excavation Permits:
(a) No person other than a Public Utility or agent and an authorized officer or employee of the city shall make any opening, cut, excavation in or under the surface of any street, sidewalk, or other public way of the city without a written permit issued by the Mayor or designee.
(b) In the event that any sewer, main, conduit or other structure in or under any street, sidewalk, or other public way of the city shall burst, break or otherwise be in such a condition as to seriously endanger person or property, the owner of such sewer, main, conduit or other structure shall immediately take charge of and repair same and shall immediately take all necessary precautions to make the location safe and secure. Such owner shall not, however, begin making any permanent repairs in the street, sidewalk, or other public way or proceed with any further opening or removal of any further portion of surface until the owner shall have secured a written permit from the Legislative Body to do so. Such permit shall be secured within eighteen hours after such break or serious trouble shall have developed and the necessary repairs to the street, sidewalk, or other public way shall have been completed, such owner shall file a written report of the same with the city.
Sec. 11-4.02 Requirements in Private Excavations:
(a) When any person desires to make an opening or excavation in or under the surface of any street, sidewalk, or other public way of the City, such person shall make written application to the city for a permit to do such work. The application for a permit shall state the nature and purpose of such cut or excavation and shall be accompanied by a set of plans and specifications indicating the site, methods of construction to be used, and proposed methods of returning the street or road to its original condition after completing of the cut of excavation.
(b) After the issuance of such permit the work allowed thereby shall be done within the time fixed on the permit and the surface of the street, sidewalk, or on other public way shall be restored to as good condition as before such opening or excavation was made. Any deficiency in materials shall be made good with new materials by the person making the cut or excavation. After completion of the work allowed by such permit, the person to whom the permit was issued shall, within five days, report in writing to the city the fact that such work has been completed.
(c) The person that made the cut or excavation shall maintain the condition of the surface over such opening or excavation for five years in as good condition as the remainder of such street, sidewalk, or other public way and shall repair or reconstruct the same as often as may be necessary. Should such person fail to maintain, repair, or reconstruct any such surface within ten days after notice from the city, the city may have such surface repaired or reconstructed and charge the cost of same to the person responsible thereof. Such person shall indemnify and save harmless the city against any claim for damages by reason of any defective condition of any such alley, street, sidewalk, highway surface, or other public way to such construction or by reason of any work done of whatever nature.
(d) To protect the city against any loss or damage on account of any opening or excavation in or under the surface of any street, sidewalk, or other public way, every person before doing any work in said street, sidewalk, or other public way shall file with the city an acceptable bond of such amount and upon such terms as directed by the Legislative Body.
(e) Any permit issued as herein prescribed shall in no way be construes as affecting or recognizing the validity of any existing grants, franchises, or permits or any such rights alleged to exist, unless especially stated herein.
(a) No person other than a Public Utility or agent and an authorized officer or employee of the city shall make any opening, cut, excavation in or under the surface of any street, sidewalk, or other public way of the city without a written permit issued by the Mayor or designee.
(b) In the event that any sewer, main, conduit or other structure in or under any street, sidewalk, or other public way of the city shall burst, break or otherwise be in such a condition as to seriously endanger person or property, the owner of such sewer, main, conduit or other structure shall immediately take charge of and repair same and shall immediately take all necessary precautions to make the location safe and secure. Such owner shall not, however, begin making any permanent repairs in the street, sidewalk, or other public way or proceed with any further opening or removal of any further portion of surface until the owner shall have secured a written permit from the Legislative Body to do so. Such permit shall be secured within eighteen hours after such break or serious trouble shall have developed and the necessary repairs to the street, sidewalk, or other public way shall have been completed, such owner shall file a written report of the same with the city.
Sec. 11-4.02 Requirements in Private Excavations:
(a) When any person desires to make an opening or excavation in or under the surface of any street, sidewalk, or other public way of the City, such person shall make written application to the city for a permit to do such work. The application for a permit shall state the nature and purpose of such cut or excavation and shall be accompanied by a set of plans and specifications indicating the site, methods of construction to be used, and proposed methods of returning the street or road to its original condition after completing of the cut of excavation.
(b) After the issuance of such permit the work allowed thereby shall be done within the time fixed on the permit and the surface of the street, sidewalk, or on other public way shall be restored to as good condition as before such opening or excavation was made. Any deficiency in materials shall be made good with new materials by the person making the cut or excavation. After completion of the work allowed by such permit, the person to whom the permit was issued shall, within five days, report in writing to the city the fact that such work has been completed.
(c) The person that made the cut or excavation shall maintain the condition of the surface over such opening or excavation for five years in as good condition as the remainder of such street, sidewalk, or other public way and shall repair or reconstruct the same as often as may be necessary. Should such person fail to maintain, repair, or reconstruct any such surface within ten days after notice from the city, the city may have such surface repaired or reconstructed and charge the cost of same to the person responsible thereof. Such person shall indemnify and save harmless the city against any claim for damages by reason of any defective condition of any such alley, street, sidewalk, highway surface, or other public way to such construction or by reason of any work done of whatever nature.
(d) To protect the city against any loss or damage on account of any opening or excavation in or under the surface of any street, sidewalk, or other public way, every person before doing any work in said street, sidewalk, or other public way shall file with the city an acceptable bond of such amount and upon such terms as directed by the Legislative Body.
(e) Any permit issued as herein prescribed shall in no way be construes as affecting or recognizing the validity of any existing grants, franchises, or permits or any such rights alleged to exist, unless especially stated herein.
