§ 50-31. Excavations generally.

(a)

Permit required; contents. No person shall dig or excavate in, or in any manner disturb, change or interfere with, any of the streets, sidewalks, alleys, gutters, drains, curbings or other public ways of the city for any purpose without first having procured from the board of public works and safety of the city a written permit to do so. The permit shall state the:

(1)

Name of the street, alley, sidewalk or other public way;

(2)

Contemplated work to be done;

(3)

Names of the owners of the real estate adjoining the public way in which such work is to be done or which is to be affected by such work, and the description of such real estate; and

(4)

Time within which such work is to be completed.

(b)

Written request for permit; fees established. No such permit shall be issued, except upon a showing that the work will comply with all ordinances and will not endanger public safety. Before the board of public works and safety shall issue such permit, the person requesting such permit shall file with the city engineer his request, in writing, specifying the matters indicated in subsection (a) of this section and shall pay into the office of the clerk-treasurer of the city the appropriate fee determined and fixed as follows:

(1)

Concrete surfaces .....$50.00

(2)

Blacktop surfaces .....50.00

(3)

Stoned, oiled or graveled surfaces .....25.00

Provided, however, that if the resulting excavation is of a length greater than 15 feet, the fee indicated in this subsection (b) shall be supplemented by an additional proportionate amount to be determined by the board of public works and safety.

(c)

Responsibility of permittee. Any person undertaking such work shall:

(1)

Exercise all reasonable care and provision in guarding against any danger to any person or property by reason of such work;

(2)

Be responsible for any damage to persons or property by reason of such work; and

(3)

Refill the excavation to the approval of the city engineer.

(d)

Use of fee. The fee collected for the permit shall be placed in the special street fund of the city and shall be used by the city to restore such public way to its previous condition.

(e)

Commencement of work authorization; issuance of permit. Mere compliance with the provisions of this section, by way of making application as provided in subsections (a) and (b) of this section, and by way of making payment of the fee as established in subsection (b) of this section shall not in and of itself authorize commencement of any of the contemplated work, and such work shall be undertaken only upon the issuance of the permit provided for in this section.

(Code 1974, § 13-11)