CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 9. EXCAVATIONS

(a)   An excavation means any opening in the surface of a public or private place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public or private place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public or private place. Excavation shall not include landscaping, gardening, or fences under six feet on a private place. Excavation shall include the making of openings for utility lines, footings, foundations, pools, hot tubs, utility cables, and wells of all types whether on public or private places.

(b)   Parking means that unpaved area between the street curbs and the sidewalk or street right-of-way.

(c)   Person means any person, firm, partnership, association, corporation, company or organization of any kind.

(d)   Public or Private Place means any public or private street, way, driveway, grounds, place, parking, alley, sidewalk, park, square, plaza or any other public or private property within the city limits.

(Ord. 252, Sec. 1)

Work on an excavation made either as a result of obtaining a permit from the city to make such excavation, or as a result of entering into a contract with the city, shall be subject to the provisions of this article except that contracts with the city for the construction or reconstruction of storm sewers and/or sanitary sewers, as well as the complete repaving or resurfacing of an existing paved street, shall be exempt from this provision.

(Ord. 252, Sec. 2)

It is unlawful for any person, except licensed and bonded contractors holding contracts to do construction work for the city, to cut any sidewalk or pavement, or make any excavation in any of the streets, alleys or other public or private grounds for the purpose of laying, repairing or removing any pipes, underground wires or other conduits, or for any other purpose not specifically mentioned herein, unless such person has first obtained a permit from the building official.

(Ord. 252, Sec. 3)

The following persons shall be eligible to secure permits to cut sidewalks or pavements, and to make excavations in the streets, alleys and other public or private grounds in the city:

(a)   Public Utility Corporations. Any municipally operated utility or any public utility corporation having a franchise to operate in any street, alley or other grounds of the city.

(b)   Plumbers and Drain Layers. Licensed plumbers and master drain layers whose bonds are approved by the city.

(c)   Other Persons; Bond, Etc., Required. Any other person, provided, that such other person shall first file and maintain with the city clerk, a surety bond in the sum of $2,000, as hereinafter provided. Such bond shall be approved by the city attorney as to form. Such provisions of this code and other ordinances of the city relating to and regulating the cutting of sidewalks or pavement and the making of excavations in any of the streets, alleys or other public or private grounds in the city. Such bond shall also be conditioned that the principal will hold and save the city harmless from any and all damages to persons and property resulting from or growing out of the cutting of any sidewalk or pavement, or the making of any excavations in any of the streets alleys, or other public or private grounds in the city, or the erection and maintenance of barricades, warning signs, etc., such liability on the part of the principal and surety to continue until a release has been received from the city as provided in this article.

(Ord. 252, Sec. 4)

(a)   Permits required by this article shall be issued to any municipally operated utility or public utility corporations having a franchise to operate in any street, alley or other public or private grounds in the city, upon such municipally operated utility or public utility corporations filing with the building official an application for such permit; provided, that statements based on fees provided for in this section will be rendered upon the first of each month for the amount due the city on all permits issued to such municipally operated utility or public utility corporation prior to the first day of the preceding calendar month, which statements shall be due and payable within 10 days after receipt of statement.

(b)   Any other eligible person, other than those expressly excepted in section 4-903, desiring a permit, shall first make application to the building official and shall pay in advance the minimum charge for the permit fees as set forth in the City’s annual fee resolution for cutting sidewalks, cutting pavement, cutting curb and gutter, cutting bar holes, sawing asphalt or concrete, or utility excavations.

(c)   The building official shall bill any balance due above minimum charge.

(d)   No excavation shall be permitted within the paved portion of streets except when boring, jacking or the pushing of the conduit is impractical as determined by the city engineer or when an emergency is deemed to exist.

(e)   Ten percent additional shall be added to all permits for cutting sidewalk or pavement, or for excavating in the unpaved sidewalk or street areas, for construction or repair of building foundations to cover inspection of the excavation in preparation for backfilling, as provided in this article.

(f)   A fee of $25 shall be required for a permit to excavate in any unpaved street, alley, or other public or private place. For the purpose of laying, repairing or removing any main pipes, underground wires or other conduits, one such permit shall be required for each block or portion of a block of a street, alley or other public or private grounds if the work is done with continuity. For the purpose of connecting, repair or removing service pipes, underground wires or other conduits, or for any other purpose not specifically mentioned herein, one such permit shall be required for each connection unless such connection is made at the time of laying the main.

(Ord. 252, Sec. 5; Code 2009)

All excavations where sidewalk or pavement has been cut shall either be backfilled with sand which shall be flushed and vibrated into place, or shall be backfilled with excavated material dampened and thoroughly tamped in six-inch layers until its compaction is equal to 100 percent of that of the adjacent undisturbed soil. The sand shall be free of rock, dirt or trash and the excavation shall be filled with sand to within eight inches of the surface of the remainder of the sidewalk pavement. The remainder of the backfill shall be made of the excavated material, securely tamped and left within two inches of the surface in sidewalk cuts or pavement cuts. A two inch temporary asphaltic concrete surface shall be applied, tamped and left flush with the adjacent surfaces. All surplus excavated material shall be removed from the location by the person making the excavation.

(Ord. 252, Sec. 6)

All excavations for the construction or repair of building foundations, where adjacent to any street or alley lines, shall, as soon as practicable, be thoroughly cleaned of all building or debris of any kind, inspected by the building official, then backfilled with sand, free from rock, dirt or trash and flushed and vibrated into place. The building contractor, or the owner where there is no contractor, shall notify the building official at least eight hours in advance of the time he or she expects to have any such excavation ready for inspection and backfill, Friday excluded and excluding Saturday and Sunday or any legal holiday or double holiday.

(Ord. 252, Sec. 7)

 Any excavation in any street or alley which is less than four feet from any existing pavement, curb or sidewalk, or where such pavement, curb or sidewalk has been ordered in by action of the city but not yet constructed, shall be backfilled with the excavated material, dampened and thoroughly tamped in six inch layers until its compaction is equal to 100 percent of that of the adjacent undisturbed soil, or it shall be backfilled with sand which shall be flushed and vibrated into place to within six inches of the surface of the remainder of the sidewalk or pavement and the rest of the backfill shall be made of excavated material securely tamped and left flush with the surface. In any sodded area, the sod shall be carefully removed, then reset as the work is completed.

(Ord. 252, Sec. 8)

The pavement portion of all street pavement cuts shall be excavated for a minimum distance of one foot beyond the edges of the dirt excavation, except that when one side of the pavement cut touches a gutter, the gutter pavement shall not be excavated. Such excavation of pavement shall be done by use of a pavement sew and only after the dirt excavation has been backfilled. The dimensions of a pavement cut as given on the permit shall include the extra excavation of pavement beyond the edges of the dirt excavation. All material and workmanship shall conform with specifications on file in the office of the city engineer.

(Ord. 252, Sec. 9)

All excavations in any used or traveled portion of any unimproved street or alley, except as provided in the preceding section, may be backfilled with the excavated material; provided, that it shall be compacted by mechanical temper in six inch layers and all surplus material shall be trimmed and removed from the line of the ditch.

(Ord. 252, Sec.10)

It shall be the duty of any parson making an excavation in any of the unimproved streets, alleys or other public or private grounds in the city to backfill and maintain all trenches or ditches in a safe condition for the traveling public until the excavated material has reached final settlement.

(Ord. 252, Sec. 11)

Any public utility, company, contractor, public agency, plumber or other person having a project which necessitates making an excavation in a paved street, which is classified as an expressway, freeway or arterial street, shall work continuously and diligently without interruption and without regard for regular hours of work on the project until the completion of the same, unless other arrangements are approved by the chief of police before commencement of the project.

(Ord. 252, Sec. 12)

Any person making excavations in any of the streets, alleys or other public or private grounds in the city shall at all times be liable to the city for damages arising by reason of any neglect or carelessness in any respect concerning the excavation prior to the time the cut is released to and accepted by the city for replacement and repair as provided for in this article, and shall hold the city harmless from all suits, claims or judgments for damages growing out of any negligent act of commission or omission on the part of any person in making street cuts, excavations, erection of barricades, lights or other work under this article.

(Ord. 252, Sec. 13)

(a)   Any person, when desiring to relapse to the city for replacement any cut, sidewalk, curb, gutter or pavement, shall first notify the building official in writing, of such intent, but shall be responsible for any and all damages caused by the cut and shall be responsible for the maintenance of traffic control for the protection of the traveling public for a period of 24 hours after 8:00 a.m. of the next working day for city employees following such notice; provided, that when a notice is released to the city on Friday, the excavation shall be maintained through Sunday or any legal holiday or double holiday plus a period of 24 hours after 8:00 a.m. of the next working day for city employees following such holiday or double holiday.

(b)   If, during the period above provided after the notice of release is given for the replacement of a sidewalk, curb, gutter or pavement, it is found that the backfill has not been made properly, then the person making the excavation shall, upon notice form the building official, correct defect at once, notify the building official in writing of such correction, and after notification, shall be responsible for any and all damages caused by the cut and shall be responsible for the maintenance of traffic control for the protection of the traveling public for an additional period of the same length of time as outlined in the preceding section.

(Ord. 252, Sec. 14)

All pavement, curb, gutter and sidewalk cuts, except as provided in section 4-916, shall be replaced by the city. The person making the cuts shall not be liable for the cost of replacing the same, except in the form of permit fees; provided, that where such permit fees are paid in advance, if the area covered by the permit fee is less than the area actually embraced in the cut, an additional fee to cover such difference shall be immediately due and payable; provided further, that where the pavement or sidewalk is cut by any public utility corporation for the purpose of constructing the roof of the manholes or vault, then the corporation may, at their own expense, and in accordance with city specifications, replace the pavement or sidewalk; and the permit fee in its entirety, or such portion thereof which embraces the manhole or vault roof, less an inspection fee of $5 will be refunded.

(Ord. 252, Sec. 15)

(a)   In lieu of the procedure described in the preceding section for the replacement of all pavement, curb, gutter and sidewalk cuts, the person making the cuts may, with the approval of the building official contract with a paving contractor for replacement of such cuts. When, in the opinion of the building official, inspection cannot be furnished by the building official, the replacement will be under the inspection of the city engineer, and all material and workmanship will conform with specifications on file in the office of the city engineer.

(b)   The person making the cuts shall be liable for cost of repair of such cuts and for maintenance of traffic control. The person making the cut shall also be liable for a period of 10 years for the maintenance of the repair, including its complete removal and replacement if the condition of the repair is such as to constitute a threat to the integrity of the street surface.

(c)   The expense of the inspection by the building official or city engineer shall be borne by the person making the cuts. The permit fee under such circumstances shall be $10 for each inspection for each continuous cut.

(Ord. 252, Sec. 16)

This money collected as permit fees under the provisions of this article shall be at once transmitted to the city treasurer, and the permit shall serve as a receipt. All sums collected under the provisions of this article shall be credited to the fund providing for maintenance or service expenditures and all expenses of the city in replacing sidewalk or pavement cuts under the provisions of this article shall be charged to the funds providing for the expenditure.

(Ord. 252, Sec. 1 7)

The city may recover in a civil action in any court of competent jurisdiction, the amount of the permit fees imposed. No property of such debtor shall be exempt from forced sale under any process of law for such indebtedness, except such exemptions as allowed by the constitution and the laws of this state.

(Ord. 252, Sec. 18)

In the event that any person shall violate this article by failing to obtain a permit, the city may charge the person a 100 percent penalty, as determined by the building official, in addition to collecting the permit fee. The penalty shall be a percent of the required permit fee and shall be within the discretion of the building official.

(Ord. 252, Sec. 19)