Chapter 15.16
OBSTRUCTIONS AND EXCAVATIONS

Sections:

15.16.010    Obstructing streets and alleys.

15.16.020    Excavation in streets and alleys – Permit requirement.

15.16.030    Excavation permit – Conditions – Deposit.

15.16.040    Excavation permit – Issuance.

15.16.010 Obstructing streets and alleys.

It is unlawful for any person, firm or corporation to place, leave or permit to be placed or left in the public rights-of-way of the city, any building material for use in the construction of any building or other structure, or for any purpose whatever, or any other obstruction, without first having obtained written permission to do so from the city. (Ord. 1695 NS § 1, 2022; Ord. 1564 NS § 1, 2016).

15.16.020 Excavation in streets and alleys – Permit requirement.

It is unlawful for any person, firm or corporation to dig up or excavate any of the public streets or alleys of the city, for any purpose or purposes whatsoever, without first having obtained a written permit to do so from the city. (Ord. 1695 NS § 1, 2022; Ord. 1564 NS § 1, 2016).

15.16.030 Excavation permit – Conditions – Deposit.

A. Any person desiring to excavate or dig up any of the rights-of-way of the city shall make application to the city for a permit to dig up or excavate, and shall give the location of the same and a map or sketch of the proposed excavation and/or installation of any underground pipes, conduits or other facilities of a similar nature, and shall, at the time of making such application, pay to the city treasurer the sum of $35.00 per permit and a $100.00 plan review/inspection fee, or for franchise holders $1,500 annually, due in January. The application shall be made at least 48 hours prior to the time of the anticipated excavating, and upon the application being reviewed by the city, and if the city finds the same to be in order, the city shall sign the permit and the permit shall be issued by the city upon approval of the city.

B. The city so mentioned shall have the right to include such restrictions in the issuance of the permit as they deem valid in the interest of public safety and providing for the replacing of the surface of the rights-of-way, which will be included in the permit as and when the same is issued.

C. The city so mentioned may, at their discretion, require a deposit up to $1,000 for streets and $500.00 for alleys to insure the completion of said work in a manner satisfactory to the city in accordance with the permit as issued, which deposit shall be refunded to the permittee only upon the permittee’s compliance with such terms, conditions and restrictions. An inspection will be conducted before any excavation has started and at the completion of the project by the city. (Ord. 1695 NS § 1, 2022; Ord. 1564 NS § 1, 2016).

15.16.040 Excavation permit – Issuance.

Upon the compliance by such applicant with the terms set forth in CMC 15.16.030, and if in the opinion of the city the granting of such application will not materially affect the use of such rights-of-way as a public thoroughfare, the city shall grant such application and issue to such applicant a permit in writing, specifying in such permit the time within which such applicant will be permitted to exercise the privilege therein granted. (Ord. 1695 NS § 1, 2022; Ord. 1564 NS § 1, 2016).