Sec. 155. Removing pavements and excavating in streets
and alleys.
No person, unless specially authorized by the Council, shall
take up or remove any portion of the pavement of the carriageway
or of the sidewalk, or any street surface, or excavate in any
street or public alley of the city without written permission of
the City Engineer. Said Engineer shall not refuse permission to
any applicant except for cause approved by the Street Committee,
but in case of refusal the applicant may appeal to the Council.
It shall be the duty of every person to whom a permit to remove
a pavement or street surface or excavate in any street or alley
shall have been granted to institute at once and prosecute without
delay the work for which such permit was obtained, and promptly
on its completion give written notice thereof to the City Engineer.
No pavement, sidewalk or street surface shall be replaced,
after being taken up, by any person except the City Engineer,
who shall cause the same to be done at the expense of the city
and he shall make out in duplicate against such person to whom
the permit was granted, bills in duplicate for the actual cost of
the same, one of which bills he shall deliver to the Auditor, and
the other to the Treasurer for collection as other city dues are
collected.
Before any pavement, sidewalk or street surface shall be replaced,
or when a permit is granted for excavating in an unsurfaced
street or alley, it shall be the duty of the City Engineer
to see that the excavations have been properly filled and tamped.
Any person found guilty of taking up any pavement, sidewalk
or street surface, or excavating in any street or alley in the city
without the written permission of the City Engineer, shall pay a
fine of not less than $5 nor more than $10 for each offense, and
each day that such violation continues shall constitute a separate
offense.
Any person to whom a permit is granted to do such work as
provided in the foregoing ordinance shall place guards or barracks
around such excavations and shall protect it by warning
lights at night until taken in charge by the City Engineer. Any
person failing to place such guards, barracks or lights, as required
by this section, shall be fined not less than $1 nor more
than $10, and each day's neglect shall constitute a separate offense.
Every person who shall make application as above specified
shall be deemed to have assented thereby to all the provisions and
terms of this section including the right of the city to collect the
actual cost of replacing the pavement, sidewalk or street surface
in the manner above directed.
The superintendents of water and sewers, and gas may remove
pavement, etc., without the permission of the City Engineer, but
shall comply with all the requirements of the foregoing section as
to filling and tamping, and shall then report the same to the City
Engineer, and shall properly guard and protect the same until
taken in charge by him.
