§ 25-7. Excavations; authorization required; guard or fence; restoration to original condition; penalty; bond.

(a)

No person shall make any excavation in any of the streets, sidewalks or other public places in the city, or remove the earth or soil therefrom, until he has been specifically authorized to do so by the city engineer.

(b)

After receiving authorization under subsection (a) of this section to make such excavation and prior to commencing work, a suitable guard or fence shall be erected around the place of excavation which shall be sufficient to prevent persons or animals from being injured by falling into the same.

(c)

After completing the work authorized under subsection (a) of this section, the contractor shall notify the street superintendent that the excavation is ready for backfill. According to the specifications provided by the city engineer and under the supervision of the street superintendent, the contractor shall then be authorized and required to backfill all associated excavation which was undertaken in the street right-of-way. After the backfilling is completed to the satisfaction of the street superintendent, the city work force or a private contractor shall complete the street repair and resurfacing under the direction of the city engineer. The contractor shall be billed for the cost of all incurred expenses.

(d)

Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

(e)

The contractor or any person who undertakes excavation pursuant to this section in any public right-of-way shall file a bond with the city administrator in the penal sum of two thousand dollars ($2,000.00). Such bond shall be approved by the corporation counsel, conditioned that such contractor or other such person will perform his work in accordance with the provisions of this chapter, that he will make good any defects resulting from excavation and repair performed by him for one year from and after the date of acceptance thereof, and that he will hold the city harmless from any claims for materials or labor of for any damages from accidents occurring during construction by reason of faulty workmanship or by reason of using insufficient barriers or lights for safeguarding the public.

(Code 1971, § 25-12; Ord. No. 80-3, § 2, 3-11-80; Ord. No. 86-04, § 1, 3-25-86)

Cross reference

Excavating under railroad tracks, § 22-2.