§ 19-28. Excavations in unpaved streets.

No person shall make any excavation in any unpaved street or alley in the city, for any purpose whatever, without having first obtained a permit therefor from the city, which shall require, before granting such permit, the deposit of a sum of money sufficient to defray all costs of refilling the excavation as required by this section. When the purpose for which such excavation was made is accomplished, the person to whom such permit is granted shall refill such excavation in a solid and permanent manner to the approval of the city engineer. All material removed from such excavation shall be cleaned up and hauled away from such street or alley. When the city engineer has approved such refilling, he shall refund any cash deposit which he has required. If the person to whom the permit has been granted shall fail or refuse to refill such excavation as required by this section, the city may cause such work to be done and shall charge the person to whom such permit was granted at the prevailing wage, plus the cost of the material used in filling such excavation. If the actual expense of such refilling is less than the amount deposited, the city shall refund the unused portion of such deposit to the person making the deposit. Any person who shall make any excavation in any unpaved street or alley without the permit required by this section shall be subject to punishment as provided in section 1-11 of this Code. The provisions of this section shall not apply to any person whose rights and duties in the premises are fixed or defined in any franchise or contract with the city.

(Code 1966, § 12.22)

Cross reference

Licenses, permits and miscellaneous business regulations, Ch. 14.