CHAPTER 136

EXCAVATIONS

136.01    PERMIT REQUIRED. No excavation shall be commenced within any public right-of-way without first obtaining a permit therefor. A written application for such permit shall be filed with the Public Works Department and shall contain the following:

1. An exact description of the property, by lot and street number, in front of or along which it is desired to excavate;

2. A statement of the purpose, for whom and by whom the excavation is to be made;

3. The person responsible for the refilling of said excavation and restoration of the street or alley surface; and

4. Date of commencement of the work and estimated completion date.

136.02    PUBLIC CONVENIENCE. Excavations in streets and alleys shall be accomplished in a manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter on the street.

136.03    BARRICADES, FENCING AND LIGHTING. Adequate barricades, fencing and warning lights meeting standards specified by the City shall be so placed as to protect the public from hazard. Any costs incurred by the City in providing or maintaining adequate barricades, fencing or warning lights shall be paid to the City by the permit holder/property owner.

136.04    BOND REQUIRED. The applicant or applicant’s contractor shall post with the City a penal bond in the minimum sum of five thousand dollars ($5,000.00) issued by a surety company authorized to issue such bonds in the State. The bond shall guarantee the permittee’s payment for any damage done to the City or to public property, and payment of all costs incurred by the City in the course of administration of this section. In lieu of a surety bond, a cash deposit of five thousand dollars ($5,000.00) may be filed with the City. The bond requirement may be waived at the discretion of the Public Works Director.

136.05    INSURANCE REQUIRED. Each contractor shall also file a certificate of insurance indicating that the contractor is carrying public liability insurance in effect for the duration of the permit covering the contractor and all agents and employees for the following minimum amounts:

1. Bodily Injury - $50,000.00 per person; $100,000.00 per accident.

2. Property Damage - $50,000.00 per accident.

136.06    RESTORATION OF PUBLIC PROPERTY. Streets, sidewalks, alleys and other public property disturbed in the course of the work shall be restored to the condition of the property prior to the commencement of the work, or in a manner satisfactory to the City, at the expense of the permit holder/property owner.

136.07    INSPECTION. All work shall be subject to inspection by the City. Backfill shall not be deemed completed, nor resurfacing of any improved street or alley surface begun, until such backfill is inspected and approved by the City. The permit holder/property owner shall provide the City with notice at least twenty-four (24) hours prior to the time when inspection of backfill is desired.

136.08    COMPLETION BY THE CITY. Should any excavation in any street or alley be discontinued or left open and unfinished for a period of twenty-four (24) hours after the approved completion date, or in the event the work is improperly done, the City has the right to finish or correct the excavation work and charge any expenses therefor to the permit holder/property owner.

136.09    RESPONSIBILITY FOR COSTS. All costs and expenses incident to the excavation shall be borne by the permit holder and/or property owner. The permit holder and owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by such excavation.

136.10    NOTIFICATION. At least forty-eight (48) hours prior to the commencement of the excavation, excluding Saturdays, Sundays and legal holidays, the person performing the excavation shall contact the Statewide Notification Center (One-Call) and provide the center with the information required under Section 480.4 of the Code of Iowa.

136.11    PERMIT FEE. A permit fee as established by resolution of the Council shall be payable at the time of filing the application with the City. A separate permit shall be required for each excavation.

136.12    PERMIT ISSUED. Upon approval of the application, filing of bond and insurance certificate, and payment of any required fees, a permit shall be issued.

136.13    PERMIT FEE EXEMPTION. Utility companies are exempt from any permit fee requirement of this chapter. They shall, however, comply with all other pertinent provisions.

136.14    PENALTY. Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Section 1.14 of this Code of Ordinances.

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