Chapter 9.10
EXCAVATIONS

Sections:

9.10.010    Excavations – Permit required.

9.10.020    Injury to pavement.

9.10.030    Interference with street repairs.

9.10.040    Excavations to be guarded.

9.10.010 Excavations – Permit required.

It shall be unlawful for any person to dig any hole, drain, or ditch in any street or alley in the city without having first obtained a work in the right-of-way permit. Any person requesting a permit less than seven days prior to their intention to excavate, which request is not due to an emergent situation as determined by the public works director, shall pay an additional fee for an expedited permit. In addition, a cash or surety bond shall be provided to guarantee return of the right-of-way surface to its pre-work condition. City council shall set the permit fee and expedited permit fee by resolution. Failure to obtain a permit prior to conducting any work in the right-of-way may result in fines and fees up to the jurisdictional limit of the city of Gunnison municipal court. (Ord. 8-2023 § 1; Code 1997 § 9-1-1).

9.10.020 Injury to pavement.

It shall be unlawful for any person to injure or tear up any pavement or sidewalk without due authority. (Code 1997 § 9-1-2).

9.10.030 Interference with street repairs.

It shall be unlawful for any person to hinder or obstruct the making or repairing of any pavement or walk which may be in the course of construction pursuant to any order of the council, or to hinder or obstruct any person employed by him in making or repairing any public improvement or work ordered by the council. (Code 1997 § 9-1-3).

9.10.040 Excavations to be guarded.

It shall be unlawful for any person to make any excavation in any thoroughfare without providing during the night either sufficient lights or a temporary fence or suitable obstruction around or in front of the same in order to prevent persons, animals, or vehicles from falling therein.

Any person who shall keep any open cellar door, pit, vault, or other subterranean opening on any street or sidewalk, or on any unfenced lot in such unsafe condition so as to endanger life or limb, and shall fail or refuse after three days’ notice by the chief of police to fence the same with a good and substantial board fence at least four feet high, shall be deemed guilty of a misdemeanor. (Code 1997 § 9-1-4).