Chapter 12.04


12.04.010    Permit—Required—Application—Contents.

12.04.020    Safeguards.

12.04.030    Backfilling and resurfacing.

12.04.040    Inspection and resurfacing of public utility work—Fees.

12.04.050    Inspection and resurfacing of public utility work—Billing—Payment failure.

12.04.060    Permit not required during emergency.

12.04.070    Penalty for violations.

12.04.010 Permit—Required—Application—Contents.

It is unlawful, except in cases of emergency as hereinafter specifically set forth in Section 12.04.060, for any person, firm or corporation to dig any trench or make any other excavation or opening, for any purpose whatsoever, in any public street or alley of the city without first obtaining a permit to do so from the superintendent of streets of the city. Applications for such permits shall be made on forms to be provided by the city for such purpose in which the applicant shall state the location of the proposed excavation, its dimensions, the purpose for which it is being made and the time when it is proposed to do the work. In all cases except where the excavation is being made for repair of existing facilities of public utilities, the location shall be stated with sufficient particularity to enable the city engineer to place same on the maps or records of the city so that same may be located with reference to the data shown on city records or maps. The application shall contain a form to be filed by the superintendent of streets accepting the work upon inspection and acceptance of the backfill. (Ord. 140 § 1, 1956).

12.04.020 Safeguards.

Any person, firm or corporation making any such excavation shall provide such signs, barricades, lights and other safeguards as may be necessary to prevent injury to person or property from such excavation. Same shall be not less than the safeguards required by the State Department of Public Works for excavations in public highways and the superintendent of streets may require additional safeguards if he deems same necessary. (Ord. 140 § 2 (part), 1956).

12.04.030 Backfilling and resurfacing.

A.    Immediately upon completion of the work for which such excavation is made, the applicant shall compact the backfill to a minimum of ninety percent of maximum density at optimum moisture content, as determined by the use of ASTM Test Method D 1557-70, modified to use three layers instead of five layers. Field density in-place tests will be performed using ASTM Test Method D 1556-64 (1968), or by such other means as approved by the superintendent of streets. Testing shall be performed by a testing laboratory approved by the superintendent of streets and all related costs shall be paid by the applicant. Upon completion of backfill, the applicant shall notify the superintendent of streets that the work is ready for inspection and, upon inspection, shall do any further work that may be required by the inspecting officer.

B.    The backfill work, shall not include graveling or otherwise replacing the surface or pavement of the street or alley. After approval of the backfill by the superintendent of streets, the surface of the street or alley shall be restored with the same type of material that was removed in making the excavation, except that the minimum section to be replaced in an asphalt concrete excavation shall be two inches of asphalt concrete over four inches of road base. At the discretion of the superintendent of streets, either the city or the person, firm or corporation making the excavation shall replace the pavement or surface; if done by the city, the applicant shall pay the cost thereof, materials and labor, to the city. If water has been used in checking the backfill, applicant will pay the cost of the same. Should additional work be required on the repaired area within one year of the completion of work due to failure of the compacted backfill, the applicant shall be responsible for and shall pay all costs. (Ord. 285 § 1, 1977: Ord. 140 § 2 (part), 1956).

12.04.040 Inspection and resurfacing of public utility work—Fees.

Except where the application is made by a public utility for the purpose of installing, replacing or repairing wires, pipes or other facilities, structures or works used in its operations in the city, the applicant shall, at the time of issuance of the permit deposit a sum sufficient to pay the cost of repaving together with an inspection fee. Such repaving and inspection fees shall be in accordance with a schedule of fees as established by the city council by resolution. Upon completion of the work of resurfacing, any excess payment shall be returned to the applicant and the applicant shall pay the city any sum by which the cost exceeds the deposit upon receiving a statement therefor. (Ord. 315 § 1, 1979: Ord. 140 § 2 (part), 1956).

12.04.050 Inspection and resurfacing of public utility work—Billing—Payment failure.

In the case of public utilities, the city clerk shall bill the applicant utility for the cost of resurfacing immediately upon completion of the resurfacing and same shall be immediately payable. In case a utility shall fail to pay such sum on receipt of a statement therefor, the superintendent of streets may require the public utility to pay the estimated amount of cost of resurfacing together with the inspection fee on any future applications, together with any sum in arrears, before issuing any future permits. (Ord. 140 § 2 (part), 1956).

12.04.060 Permit not required during emergency.

In cases of emergency, where repairs are needed to the facilities or lines of any public utility, requiring any excavation before it is reasonably possible to obtain a permit for such excavation, the public utility may make such excavation but on the next succeeding business day shall present an application and obtain a permit therefor, and in all other respects the work shall be subject to the provisions of this chapter. (Ord. 140 § 3, 1956).

12.04.070 Penalty for violations.

Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not to exceed thirty days, or by fine not exceeding five hundred dollars or by both such fine and imprisonment. Each day during which any act in violation of this chapter shall be continued shall constitute a separate offense. (Ord. 140 § 4, 1956).