§ 8-04-020. Control and regulation of excavation, digging, or cuts in public rights-of-way.

(a)

Illegal excavation in a public right-of-way consists of cutting a hole for any purpose in or through the surface of a public street, public alley, bicycle path, pedestrian path, way, place, park, or easement, or to drill, bore, tunnel under or jack up, the surface of any of the above without first having obtained a permit from the appropriate city authority. A permit is not required for setting a utility pole.

(b)

Any person, contractor, or utility, who commits the offense of illegal excavation in a public right-of-way shall be issued a citation by the public works department and shall immediately cease work at the site until a permit is obtained.

(c)

Any person who excavates in a public right-of-way without a permit shall pay double the normally assessed fee for the type of excavating being done and shall be subject to criminal penalties as provided by this code.

(d)

The staff of the city is hereby authorized to arrange for warranty work to be done at any site for which a right-of-way permit was issued if the person or entity receiving the permit does not respond within ten (10) days after written notification of the need to perform the warranty work. Notice is sufficient if mailed to the address on the last digging permit issued to that person or entity. The person or entity failing to perform the warranty work shall not be issued another permit for any excavation in city right-of-way until the city is reimbursed for the cost of performing the warranty work, including administrative expenses.

(e)

The staff of the city is hereby authorized to write regulations pertaining to the installation of utilities. Said regulations to be entitled "Right-of-Way Excavation Regulations." These regulations shall be adopted by resolution of the city commission.

(Ord. No. 924, §§ 1, 2, 9-12-94; Ord. No. 1003, § 42, 3-25-97; Ord. No. 1291, 2-27-07)