Chapter 12.12
STREET EXCAVATIONS

Sections:

12.12.010    Compliance.

12.12.020    Permit required.

12.12.030    Notice before commencing work—Bond required.

12.12.040    Provision for permanent bonds.

12.12.050    Notice to repair improper surface.

12.12.060    Repairs by city at expense of person failing to do so.

12.12.070    Cash deposit in lieu of bond.

12.12.080    Specifications generally.

12.12.010 Compliance.

All those who by virtue of the constitution of the state have the right to dig in the public streets and thoroughfares of the city shall in exercising the right, comply with the regulations contained in this chapter. (Prior code § 13.25)

12.12.020 Permit required.

No person other than those mentioned in this chapter shall, without the written permit of the superintendent of streets, in any manner or for any purpose, break up dig up, disturb, undermine, or dig under, or cause to be dug up, broken up, disturbed, undermined or dug under or tear up, break or loosen any stone, lumber, planks, blocks or materials of any public street, alley, public park or place, or fill in place thereon or deposit in, or upon the same any earth, sand, dirt, clay, manure, macadam, rock or other material. (Prior code § 13.26)

12.12.030 Notice before commencing work—Bond required.

Before digging in any street, the person shall notify the superintendent of streets of his or her intention to do so, designating particularly the locality where it is intended to do such work and the hours during which it will be performed. He or she shall also file with the superintendent of streets a good and sufficient bond to be approved by him or her, payable to the city in the penal sum of five hundred dollars ($500.00), lawful money of the United States, within two or more sureties, residents of the county who shall if so desired by the superintendent of streets qualify on oath before him or her in the amount specified in the bond over and above all their debts and liabilities and exclusive of property exempt from execution or subject to the filing of a declaration of homestead. The bond shall be conditioned that the person shall, within forty-eight (48) hours after a trench is opened, refill the same, unless permission is granted by the superintendent of streets to keep it open longer, and put the street, alley, sidewalk, public square or place in as good repair and condition as it was immediately before the work of opening digging or excavating was commenced, and shall cause the surface thereof to be neither elevated above nor depressed below the surface grade thereof, for one year thereafter, and shall do and perform all of such work to the satisfaction of the superintendent of streets and the city council and at the time and in the manner as provided by this title.

Before any permit provided for in the preceding section shall be granted, the party desiring the same shall file with the superintendent of streets a good and sufficient bond, to be approved by him or her, payable to the city in the penal sum of five hundred dollars ($500.00), lawful money of the United States, with two or more sureties, residents of the county, who shall if so desired by the superintendent of streets qualify on oath before him or her in the amount specified in the bond over and above all their debts and liabilities and exclusive of property exempt from execution or subject to the filing of a declaration of homestead. Where permission is desired to break up, dig up, disturb, undermine or dig under or to tear up, break or loosen, or to take away or carry away any stone, lumber, planks, blocks or materials, in any street, alley, public place or park, the bond shall be conditioned as provided in this section. Where the permit is desired to fill in, place or deposit any earth, sand, dirt, clay, macadam, manure, rock or other material on any street, alley, public park or place, the condition of the bond shall be that the party will well and truly do and perform such work in a good and workman-like manner, and to the satisfaction and approval of the superintendent of streets. (Prior code § 13.27)

12.12.040 Provision for permanent bonds.

Any person so desiring may give a bond for five hundred dollars ($500.00) prepared and conditioned in accordance with the terms of the preceding section, to apply to all the work that the person may thereafter have done during the continuance of the bond. In such case the superintendent of streets may require an additional bond or other sureties whenever in his or her judgment the old one becomes inadequate from any cause to fully protect the city. (Prior code § 13.28)

12.12.050 Notice to repair improper surface.

If at any time within twelve (12) months after such work is performed, the surface of the street, alley, sidewalk, public square or place remains improperly elevated or depressed, or not properly paved, then it shall be repaired and put in good order by the persons who performed or caused to be performed the excavation work, within three days after notice to repair has been served by the superintendent of streets upon such persons. (Prior code § 13.29)

12.12.060 Repairs by city at expense of person failing to do so.

If any person fails or neglects to make repairs, after receiving the notice provided for by the preceding section, then the superintendent of streets shall cause such repairs to be made, keeping an account of all expenses incurred therefor, and certify the same to the city attorney, who shall immediately commence proper proceedings to collect from the person or company so failing to put the street, alley, sidewalk or public square or place in proper condition and repair, or from the sureties upon the undertaking, all costs or charges which the city shall have been put to. In any suit brought under the provisions of this section, there shall be taxed as costs, a reasonable attorney’s fee, to be fixed by the court, which shall be, when collected, paid to the city attorney for his or her services rendered therein. (Prior code § 13.30)

12.12.070 Cash deposit in lieu of bond.

In all cases where a bond is required by the provisions of this article, the applicant may deposit with the city treasurer five hundred dollars ($500.00) in United States gold coin, which shall be taken as security in place of such bond. Upon the written release of the superintendent of streets, the city treasurer shall refund such money to the depositor. (Prior code § 13.31)

12.12.080 Specifications generally.

No person shall tear up any pavement within the city without first depositing with the superintendent of streets of the city the sum of fifty dollars ($50.00) for every fifty (50) square feet of the contemplated excavation, or fraction thereof.

After making the deposit and notifying the superintendent of streets of the time and place of doing the work, or obtaining permission therefor, as may be required, the work shall be done in the following manner:

The asphaltum wearing surface of the pavement shall be cut in as straight lines as possible with sharp chisels, and when torn up must on no account pull up any of the adjacent material, and shall be cut back a distance of three inches from where the concrete base pavement is to be cut.

All concrete pavements or concrete base pavements under an asphaltum wearing surface shall be cut by sharp chisels in straight lines. In removing the earth from the excavation, care must be taken that no portion of the concrete is undermined. The material excavated must be hauled from the street and the opening backfilled with clean gravel tamped in place. On the tamped gravel six inches of class A Portland cement concrete shall be laid, carefully finished to the old pavement and cured.

Where there was an asphaltum wearing surface, there shall be laid on top of the concrete base an asphaltum mixture prepared in accordance with the specifications on file in the office of the city clerk.

Such work shall be done under the instructions and to the satisfaction of the superintendent of streets and should the person doing the same fail, neglect or refuse to obey the instructions, the superintendent of streets shall order the person doing the work to desist from the same and shall have the same completed as prescribed above and pay all expenses incurred therein out of the money so deposited with him or her.

When the work has been finally completed and the superintendent of streets is satisfied that the pavement is restored in as good order and condition as it was before and in compliance with the specifications above prescribed, he or she shall refund the money so deposited with him or her or any unexpended balance thereof to the person so depositing the same.

Any person tearing up any pavement within the city without first obtaining such written permission and depositing such sum of money, or who shall refuse to desist from such work after being instructed so to do, by the superintendent of streets, shall be guilty of a misdemeanor and upon conviction, in addition to other penalties, shall also forfeit to the city the sum of twenty-five dollars ($25.00) which may be recovered by the city in a civil action in any court of competent jurisdiction. (Prior code § 13.32)