CHAPTER 901

Street Excavations

901.01 Definition.
901.02 Permit required; fees.
901.03 Insurance required.
901.04 Supervision by Service Director.
901.05 Protection of openings.
901.06 Return of deposit.
901.07 Exception.
901.99 Penalty.

CROSS REFERENCES

Establishment and care of streets - see Ohio R.C. 715.19, 723.01 et seq.
Excavation liability - see Ohio R.C. 723.49 et seq.
Division of Streets established - see ADM. 139.02
Driving on street in process of construction - see TRAF. 331.28


901.01 DEFINITION.
Wherever the words streets, boulevards, avenues and alleys are used, such words mean that land lying between private lot lines and dedicated for public use.
(Ord. 2398. Passed 10-19-57.)


901.02 PERMIT REQUIRED; FEES.
No person, other than a duly authorized City officer or employee, shall make any opening in any street, boulevard, avenue, alley, highway or other public grounds in the City or remove the surface of any sidewalk or any part thereof, or open any sidewalk in the City, unless such person has first filed with the Director of Public Service a written or printed application for a permit therefor, setting forth and accurately indicating the location, kind and extent of the proposed opening or removal of the walk and the number, purpose and size of the openings or excavations which are desired or necessary, and unless such person has obtained such a permit and paid the fee therefor as stipulated herein. If any openings or excavations are for a purpose other than pursuant to a contract with the City or at the request of the City, the applicant shall pay to the Mayor a fee of ten dollars ($10.00) for paved streets, alleys and sidewalk openings and a fee of five dollars ($5.00) for unpaved streets, alleys or sidewalk openings, and shall deposit with the Mayor an additional amount sufficient to cover the cost of and supervision of backfilling, repairing, restoring and relaying the pavement or hard surface or the sidewalk, together with the cost of any new material, as estimated by the Director of Public Service or any other person designated by the Mayor to make the estimate.
(Ord. 215. Passed 2-20-64.)


901.03 INSURANCE REQUIRED.
Before any permit is issued, the applicant shall deposit with the Mayor an insurance policy, issued by a company authorized to write insurance in the State, designating the City as the insured therein, by the terms of which the City is saved harmless from any and all claims for bodily injury within the limits of fifty thousand dollars ($50,000) for each person, one hundred thousand dollars ($100,000) for each accident and for property damage claims five thousand dollars ($5,000) for each accident arising or growing out of the street opening or removal of the surface of any sidewalk or opening in any sidewalk or the prosecution of the work for which the permit is obtained, or in any manner arising or growing out of the work necessary or incident to the issuance of the permit or that may be occasioned by reason of any opening or anything else done pursuant to the permit.
(Ord. 2398. Passed 10-19-57.)


901.04 SUPERVISION BY SERVICE DIRECTOR.
All openings made within the street lines or sidewalks removed shall be subject to the directions of and under the supervision of the Director of Public Service. All paving, material, flagging, curbing and ballasting shall be carefully removed and preserved, and after the work is done, as contemplated by the application for the permit heretofore referred to, the trench or opening shall be refilled in accordance with the directions of the Director and the flagging, concrete, paving or other paving material shall be properly replaced under the supervision of the Director, but at the applicant's expense.
(Ord. 2398. Passed 10-19-57.)


901.05 PROTECTION OF OPENINGS.
All openings, obstructions or locations of sidewalk removal shall be carefully guarded, protected or barricaded at all times, and during the night season shall be defined by red colored lights and such other precautions shall be taken as shall be necessary to guard against accidents. In this respect, the Director of Public Service may issue any additional orders as he may deem proper which shall be implicitly and promptly complied with. At all times the work shall be done so as to cause the least inconvenience to property owners and the general public.
(Ord. 2398. Passed 10-19-57.)


901.06 RETURN OF DEPOSIT.
When any work under any permit is completed, and all the mandates of this chapter have been complied with and all orders of the City have been fulfilled with respect to the work or the object for which the permit was obtained, the Director of Public Service shall issue a warrant to return the excess of the cost to the person who made the deposit; if the deposit is not sufficient to reimburse the City as herein provided, the Director shall certify the deficiency to the Mayor, who shall thereupon notify the permittee of the deficiency and proceed to collect the same from such permittee.
(Ord. 2398. Passed 10-19-57.)


901.07 EXCEPTION.
Nothing herein contained shall be deemed applicable to any contracts with the City with respect to street openings.
(Ord. 2398. Passed 10-19-57.)


901.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ten days, or both.
(Ord. 2398. Passed 10-19-57.)


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