Loading...
34 of 1907 - Ordinance 34 of 1907 – Repealing Section 695 to Section 700 inclusive of Chapter LI and re-enactin AN ORDINANCE. Repealing sections 695 to sec. 700 inclusive of Chaiter LI and reenacting the say':e to regulate making of excavations in puhlic streets, the restoration of the street to its normal condition, and the relairing of macadam, or lavement when removed under lermit. 34 1. STREET EXCAVATION`'. It shall be unlawful for any ter- son not in the emlloy of the city, to make or cause to be made any excavation in any street, lane or alley, or to remove any l)aver:ent or other material forming any- street or imyrove- ment thereon, without first obtaining a iermit therefor signed by the City Engineer. 2. IERhITS, A ELICATIONO, TbOND. No iermit for excavations in any street shall be issued, until written eiplication has been made therefor, signed by the tarty who shall make or cause such excavation to be made; and the i,arty signing the nillication has filed with the City Engineer a bond of indem- nity to the city, signed by a resionsible coryorate surety oomlany, to be atiroved by the City Engineer, conditioned that. the Jerson to whom the iermit shall be issued will erect or cause to be erected ,and maintained about such said excavation, and until the street is restored to its normal condition, suf- ficient guards, signals, barricades and lights to irevent ucci.- dent, and will as soon as may be after the comiletion of said work, restore said street to the same condition in which it existed irior to the eakin of said excavation, and will save the city hermlers from all claims, liabilities de ands or dam- ages, fromm any and all injuries top,merson or jersons or trot,. arty arisin^; in any manner out of or by reason of any arch ex- cavation. such bond shell be in the stun of not less than Five Thousand ($5,000.00) Dollars icr excavations in all streets; provided however, that whanever in the process of making any excavation in any street, alley or lane, that paving or macad- am shall be removed, such laving. or macadam shall be rellaced ender tie direction and sul.ervision of the city engineer, at the expense of the tarty to whom the remit for making such ex- cavation shall have been issued; and provided further, that any corporation or person operating in or using any of the streets under a franchise, or any person who in the pursuit of legitimate calling or f.rofeesion, shall have frequent oc- casion to open or make excavations in the public streets, may file a bond with a corporate surety in the sum of not less than Ten Thousand ( v10.000.00) Dollars, conditioned as above to cov- er all excavations made for a leriod of two years from date of filing, but permits for all excavations, excelt for the rel:lace- rent of street railway rails and ties in untaved streets, must be applied for and i:eued before it shut ii be lawful to vake any such exc r,ation. 3. DhIO"IT. . Before issuing any emit for any excavation, the city engineer shall make an estimate of the cost of restoring all lavements, macadam, sidewalks, ine'lection, etc., and require det.osit to cover said cost before issuing said permit. if the cost exceeds s id esti_ate, tak_in out SW 1_er_mit will be required to ,ay the excess above said. onti_Cote. if the ost is below the estimated cost, the difference le to be re- funded to said ,arty. 4, FAILURE 1'0 I:h}LACB STREET. It shell be unlawful for any person having made an excavation in the street, whether under a !emit or otherwise, to fail, neglect or refuse, for the j_eriod of ten days after notice from the city engineer, to restore said street to its normal condition. 5. RESTORATION AFTER EXCAVATION. Whenever en excavation for any puriose is made or permitted in a public street by order of a department of the city government, the delartment making such excavation, shall, without unnecessary delay restore the street to its normal condition, under the direct sul:ervision of the sulervisor of streets, and if such delartment neglects or refuses to restore the street to a condition satisfactory to the supervisor of streets, t',e suj-ervisor shall notify the delattaent which caused or !emitted such excavation to be made to immediately lroceed with such further restoration as he deems necessary, if such department neglects to so do, the sulervisor shall cause such re<airs to he made, osd ahan charge the exlense therefor to the said 1ejartment; jrovidnd that nothing herein contained shall be deemed to take from the City Engineer any of his power in relation to excavations made under !emits issued rnder his d-rection. 6. E'CAVATIC 1: TT BE G ARDED '1Tli bA:-EICAALS ,?➢ LIGILTS. It shall be unlawful for any Jerson, by or for whom any exca- vation is made in any public street for any inriose, to fail to cause a rail or other sufficient fence to be placed in such e mannEr as to enclose such excavation, together with all the earth, gravel or other eu terial excavated therefrom which remains at or near such exoavation,and to maintain such fence during the • during the whole time for which such excavation continues;and it shall he unlawfulmaking or causing to be made: any excavation in any public street, to fail to have a li.rhted lantern, or some other prop- er and sufficient light fixed to some Hart of such fence, or in some other proper manner over or near the excavation, and over or near the material excavated therefrom, and so kept from the beginning of twi- light through. the whole of every night during all the time such ex • - cavation exists. + to extinguish; remove or diminish I� shall be unlawful for any person ,� such light, or to tear down or remove any rail, fence or barricade fixed in accordance with the provisions of this section. 7. ENCROACIOIENTS ON PUBLIC STREETS. Any public officer, or other person in the employ of the city, receiving knowledge of <ny enareoehment:%hny building, fence, wall, or other structure upon any public street, alley, sidewalk or passa e-w'y, shall immediately communicate such knowledge to the city engineer, who shall cause a survey to he made of the iremises where such encroachment exists, and rake records of such encroachments. The city engineer shall then notify the party or parties owning or constructing such building, fence, wall or other structure to immediately abet,. all such encroachment on said public street, alley or sidewalk, and upon the neglect of re- fusal of said 'arty or parties owning or constructing seid building, fence, wall or other structure within the period of ten days, then the city engineer may cause such building, fence wall or other structure or so much of the same as may cause the said enereachment4 to be removed or destroyed until such en- croachment be entirely abated. PENALTY. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than One Hundred Dollars, or by imi:risonment in the city ;fail not more than one h ndred days, or by both such fine and. im- prisonment. All ordinances or parts of ordinances in conflicP herewith are hereby repealed to the extent of such conflict. This ordinance shall take effect upon its approval. • _ ' h1 's Q o cr O • a 1. • T. TS' f'