Chapter 20
STREETS AND SIDEWALKS*
Art. I. In General, §§ 20‑120‑23
Art. II. Sidewalks, §§ 20‑2420‑88
Div. 1. Generally, §§ 20‑2420‑41
Div. 2. Construction and Repair, §§ 20‑4220‑88
Subdiv. A. Generally, §§ 20‑4220‑65
Subdiv. B. Permit and Technical Requirements, §§ 20‑6620‑88
Art. III. Encroachments, §§ 20‑8920‑114
Art. IV. Excavations, §§ 20‑11520‑142
Art. V. Curb Cuts, §§ 20‑14320‑165
Art. VI. Safety Precautions for Obstructions,
Excavations for Encroachments in Public
Ways, §§ 20‑16620‑199
Art. VII. Numbering Buildings, §§ 20‑20020‑207
Art. VIII. Grading, §§ 20‑208, 20‑209
ARTICLE I. IN GENERAL
Sec. 20‑1. Authority to close public ways; notice.
(a) The mayor and council is hereby authorized to close any street, alley, or public place and withdraw it from public use temporarily and during such period as public work thereon shall make such action necessary. Whenever the mayor and council shall order any street, alley, or public place withdrawn from public use, a written or printed notice in large and conspicuous letters shall be posted upon the street, alley, or public place at each entrance to each block, stating that by order of the mayor, the street, alley, or public place is closed and withdrawn from public use.
(b) No person shall drive or attempt to drive any vehicle upon any street, alley, or public place closed and withdrawn from public use, or shall, without lawful authority, remove, destroy or mutilate any sign posted as provided in this section. (Gen. Ords. 1959, §12.10)
Sec. 20‑2. Procedure for the vacation of public ways.
Any person seeking the vacation of any street, alley, easement, or other public place within the city shall file a written application for the vacation with the council, and shall deposit with the application a fee which shall be prescribed by the mayor and council, for the costs and expenses of advertising the vacation so proposed, recording fees and such other expenses as may be incidental to the vacation. In the event the council determines that the vacation, so proposed by the applicant is not desirable or necessary, the deposit shall be returned to the applicant. In the event the application for vacation is advertised, as required by law, the deposit shall be used to cover the costs above outlined. Upon any vacation being so consummated, it shall be the duty of the administrative director/city clerk to forthwith record the vacation in the office of the recorder of deeds of the county. (Gen Ords. 1959, §12.17; Ord. No. 6110, §1, 4‑14‑77)
Sec. 20‑3. Reserved.
Editor's noteOrd. No. 6114, April 14,
1977, repealed §20‑3, pertaining to the street superintendent and derived
from Gen. Ords. 1959.
Secs. 20‑420‑23. Reserved.
ARTICLE II. SIDEWALKS
DIVISION 1. GENERALLY
Sec. 20‑24. Defacement of sidewalks.
No person shall destroy, mutilate, deface or in any manner injure any sidewalk. (Gen. Ords. 1959, §12.23)
Sec. 20‑25. Conducting rain water to sidewalks.
Each person owning or occupying any building in the city shall cause the pipes conducting the water from the eaves of the building to be so constructed as not to spread the water over the sidewalks. (Gen. Ords. 1959, §12.24)
Sec. 20‑26. Removal of accumulations on sidewalks.
It shall be unlawful for the owner or occupant of any building, premises or vacant lot to permit any ice, snow, dirt, mud or filth of any character to remain longer than twenty-four (24) hours on any sidewalk fronting or immediately adjacent to his building, premises or vacant lot. Where premises are occupied by several tenants, it shall be the duty of the person occupying or owning the tenement, apartment, store or portion of the premises nearest the street to comply with the requirements of this section. (Gen. Ords. 1959, §12.26; Ord. No. 4796, §2, 1‑3‑63)
Sec. 20-27. Closing of public sidewalks for construction of in-fill.
Existing sidewalks along the public right-of-way shall be maintained throughout the demolition and construction process of single-family infill residences and remain open for public use at all times except for temporary reconstruction of utilities, driveways, and sidewalks not exceeding 72 hours except with appropriate permits and authorization of the Public Works Director, Police Chief, or their authorized representative. (Ord. No. 9725, §1, 12-20-07)
Secs. 20‑2820‑41. Reserved.
DIVISION 2. REPAIR OF HAZARDOUS SIDEWALKS
SUBDIVISION A.
Sec. 20-42 Hazardous Sidewalks.
The owner of any premises is responsible for the maintenance and repair of any sidewalk in front of the premises. Walkway easements are not considered to be sidewalks and the responsibility for the maintenance and repair of the walkway easement is governed by Resolution 111-93. No such person shall permit any such sidewalk to become out of repair so as to be hazardous to pedestrians or endanger the life, limb, or health of persons traveling thereon, or shall fail to properly repair the same after being notified by the City of Kirkwood by first-class mail to do so within a time to be fixed in the notice. (Ord. No. 9493, §1, 06-16-05)
Sec. 20-43 Hazardous Sidewalk Criteria.
Sidewalks deemed to be hazardous by the Public Works Department shall be repaired and hazardous sidewalks may include, but is not limited, the following:
1. Sidewalks with adjoining slabs or portions thereof with a vertical edge difference of three-quarters of an inch or greater at any point;
2. Sidewalks with a missing corner with a transverse dimension greater than six inches or the total of the missing corner is greater than twelve square inches;
3. Sidewalks causing structural instability which are shattered or cracked;
4. Sidewalks with shattered or cracked slabs dividing the slab into three or more pieces;
5. Sidewalks with surface reveling or spalling greater than ½ inch deep or continuous loose material on surface from spalling;
6. Sidewalks which have upheaved or depressed slabs causing an abrupt change in grade of greater than 1 to 12 (8%);
7. Sidewalks patched with asphalt or other non-concrete material; or
8. Sidewalks with a missing section.
(Ord. No. 9493, §1, 06-16-05)
Sec. 20-44 Hazardous Condition Not
Corrected; Repair of Replacement by City; Special Tax Bill.
After the expiration of the time for
repair or replacement set forth in the notice, if the sidewalk is not repaired
or replaced as directed, the City of
The special tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error, or informality in the same or in the proceedings leading up to the issuance shall be a defense thereto.
Each special tax bill or real estate bill shall be issued by the City Clerk and delivered to the collector. Such tax bills, if not paid when due, shall bear interest in accordance with the rate established by State Statute.
(Ord. No. 9493, §1, 06-16-05)
Editor's noteSection 1 of Ord. No.
7717, adopted Dec. 17, 1987, repealed former §§ 20‑43, 20‑44,
pertaining to establishment of grades by ordinance and construction and repair
permits for sidewalks, which derived from Gen. Ords. 1959, §§ 12.34,
12.35(a).
Sec. 20‑45. Ordinance to be passed declaring necessity of construction or
repair; notice to
property owner; city to construct or repair upon failure of owner to act.
Whenever the council by ordinance orders the construction, reconstruction or repair of any concrete sidewalk or approaches, including necessary grading and filling, the city clerk shall make out a written notice to the owner of the property lying along or adjacent to such sidewalk to have the sidewalk constructed, reconstructed or repaired, and the necessary grading or filling done as the case may be, which notice shall be served by the chief of police by delivering a copy thereof to the property owner or his representative. If the owner or his representative is not a resident of the city, or if the chief of police shall make return that he is unable to find the owner or his representative within the city, the administrative director/city clerk shall cause the notice to be published in the newspaper doing the city printing for at least one (1) week. If the owner or his representative fails to begin the work specified in the notice within fifteen (15) days after it is served, or after the last publication of the notice, in those cases where the council has ordered the repair of any sidewalk or approaches, the administrative director/ city clerk shall notify the city engineer or other proper person designated by ordinance to repair the sidewalk or approaches. The cost of such work shall be levied as a special assessment and special tax bills issued therefor in the manner provided by law. (Gen Ords. 1959, §12.28; Ord. No. 6060, §1, 12‑9‑76)
Sec. 20‑46. Bids for construction work; awarding contract; procedure when no contract awarded.
(a) The administrative director/city clerk shall cause an advertisement for bids for the doing of work subject to this article to be published in at least two (2) consecutive issues of the newspaper doing the city printing, the first publication of the advertisement to be at least ten (10) days prior to the date set for the opening of the bids. The bids shall be opened by the council at any meeting, regular or special, and the council shall award the contract for the work to the lowest and best responsible bidder, but the council may reject any or all bids, and if for any reason it is not practicable to award the contract at the meeting at which the bids are opened, the awarding of the contract may be postponed to the next regular meeting of the council. Before any bids are opened or any contract awarded by the council, the city engineer or other proper person designated by ordinance, shall prepare and file an estimate showing the estimated quantities of grading, filling and of the various materials required for the sidewalk in front of each separate lot, tract or parcel of ground and an estimate of the cost of the work per cubic yard or per square yard, as the case may be, and no contract shall be let for a price in excess of the estimate.
(b) In case no bids are received for the construction or reconstruction of any sidewalk or approaches, or that all bids are rejected for any reason, the council may readvertise bids for the work, or may by ordinance order and require the city engineer or other proper person to construct or reconstruct the sidewalk or approaches, including grading and filling, according to the specifications adopted therefor. The city engineer shall keep an accurate account of the cost of the separate items thereof, and the council shall pay for the labor and material and all other costs of the work out of any funds which it may have on hand available for such purpose, and shall levy the cost thereof as a special assessment and issue special tax bills therefor in the manner provided by law; however, the cost of the work shall not exceed the estimate of the city engineer previously filed. (Gen. Ords. 1959, §§ 12.29, 12.30; Ord. No. 6060, §1, 12‑19‑76)
Sec. 20‑47. Repair work by the city engineer; record and assessment of costs.
Whenever the city engineer or other proper person designated by ordinance has been notified by the administrator to repair any sidewalk or approaches, he shall proceed at once to do the work according to the specifications adopted therefor, keeping an accurate account of the cost of the separate items thereof, and the council shall pay the cost thereof out of any funds which it may have available for such purpose, and may levy the cost thereof as a special assessment and issue special tax bills in the manner provided by law. (Gen. Ords. 1959, §12.31; Ord. No. 5616, §1, 7‑19‑73)
Sec. 20‑48. Work to be carried on with dispatch.
Each person who shall commence the work of constructing or reconstructing any sidewalk shall carry on the work with all reasonable dispatch, so that the public use shall not be obstructed beyond a reasonable time. (Gen. Ords. 1959, §12.35(b))
Sec. 20‑49. City may cause completion of work that is being delayed.
Whenever the committee on streets and alleys is of the opinion that any owner, agent or contractor is unnecessarily delaying the completion of any sidewalk ordered built by the council, it shall direct the city engineer to notify the owner, agent or contractor in writing to that effect, and if the owner, agent or contractor shall not within five (5) days thereafter take such measures as will, in the judgment of the committee on streets and alleys, insure the satisfactory completion of the work, the committee on streets and alleys shall cause the work to be done by the annual contractor, or in case there is no annual contractor, they shall cause an advertisement for bids to be made as provided in this chapter. (Gen. Ords. 1959, §12.32; Ord. No. 6116, §1, 4‑14‑77)
Sec. 20‑50. Interest on special tax bills.
All special tax bills issued for any work or improvements done pursuant to this article shall bear interest, after sixty (60) days from the date of issue, at the rate of eight percent (8%) per annum. Special tax bills issued pursuant to this division may include attorney's fees or engineering fees, or both, provided however that such fees shall not exceed ten (10) per cent of the total cost of the improvements. (Gen. Ords. 1959, §12.33; Ord. No. 6019, §2, 9‑2‑76)
Sec. 20‑51. Plans of improvements to be on file.
Prior to the commencement of the
construction of any improvements ordered by the council by ordinance as
contemplated in this division, the council shall cause the plans and
specifications and an estimate of the cost thereof as prepared by the city
engineer to be on file with the administrative director/city clerk for
inspection by the public. Notice of such filing shall be published by the
administrative director/ city clerk in a newspaper printed in
Secs. 20‑5220‑65. Reserved.
SUBDIVISION
B. PERMIT AND TECHNICAL
REQUIREMENTS*
Sec. 20‑66. Permit required; contents of application.
(a) No person shall construct, reconstruct or repair any public sidewalk upon or along any street or sidewalk easement without filing an application with the director of public works and obtaining required permit.
(b) The permit application shall include the construction details as required by the director of public works and a site plan showing the location of the work.
(Ord. No. 7717, §2,12‑17‑87)
Sec. 20‑67. General construction requirements.
(a) Sidewalks shall be constructed of a six-sack-per-yard mix of portland cement concrete, four (4) feet wide and four (4) inches thick, except across driveways where the thickness shall be increased to seven (7) inches. The sidewalk width shall be increased or decreased as directed by the public works director in order to allow a reconstructed or repaired sidewalk to match the width of an existing sidewalk.
(b) All sidewalks shall be barrier-free to enable persons using wheelchairs to travel freely and without assistance. The maximum grade for sidewalks shall be one (1) inch rise per twelve (12) inches in length (eight and three-tenths (8.3) per cent).
(Ord. No. 7717, §2, 12‑17‑87)
Sec. 20‑68. Wheelchair ramps.
At each crosswalk a ramp shall be built into the curb so that the sidewalk and street blend to a common level. Such ramp shall be not less than thirty-six (36) inches wide and shall not have a slope greater than one (1) inch rise per twelve (12) inches length (eight and three-tenths (8.3) per cent). Where, because of surrounding buildings or other restrictions it is impossible to conform the slope with this requirement, the ramp shall contain a slope not to exceed ten (10) per cent. In all ramps there shall be a gradual rounding at the bottom of the slope. Wheelchair ramps shall be designed as not to create a hazard for vehicular or pedestrian traffic. (Ord. No. 7717, §2, 12‑17‑87)
Secs. 20‑6920‑88. Reserved.
ARTICLE III. ENCROACHMENTS
Sec. 20‑89. Prohibited.
No person shall place or keep in, across, or upon any street, alley or sidewalk any fence, building, porch, stairway, cellar steps, stationary awning or other stationary object which may interfere with the full and free use by the public of such streets, alleys, or sidewalks, unless specifically authorized by ordinance so to do. (Gen. Ords. 1959, §12.04; Ord. No. 5197, §2, 7‑11‑68)
Sec. 20‑90. Canopies and awnings; permit required.
No person shall place or maintain or cause to be placed or maintained any awning, canopy, shade or frame for the same in any street without the permission of the council, nor unless the canopy, awning or frame shall be safely and securely fastened and so located and constructed as not to interfere with pedestrians, and so that the lowest part thereof shall not be less than eight (8) feet above the sidewalk nor extend beyond the line of the sidewalk. The person so placing or maintaining the canopy, awning or frame shall conform to any directions relative to the materials, construction and maintenance thereof, which shall be given by the city engineer. All permits for the erection of such awnings, canopies, shades or frames shall be subject to the right of the city to revoke the permit on three (3) months' notice, and if the owner or any person having care thereof fails to remove the same at the expiration of such period, the city marshal shall cause the canopy, awning or frame to be removed at the expense of the owner or permittee, as provided in the building code of the city. (Gen. Ords. 1959, §52.37)
Sec. 20‑91.
In all cases where property, such as buildings, walls, fences, sheds, outhouses or other material obstructions, are taken or condemned in any proceeding for the opening of any public highway, a sale thereof shall be made by the city marshal at public auction to the highest bidder for cash, which shall be paid at the time of the sale and deposited in the city treasury within two (2) days thereafter. The conditions of such sale shall be that in the event the property so sold shall not be moved off of the public highway within ten (10) days from the day of sale, the city marshal shall proceed to sell the property so previously sold, or any portion thereof, again, and the money received at the first sale shall be forfeited to the use of the city, without recourse therefor, either by purchaser so neglecting to remove the same, his heirs or assigns. (Gen. Ords. 1959, §12.16)
Sec. 20‑92. Display of merchandise; construction materials.
No person shall place, expose or offer any merchandise or property upon any street, alley or sidewalk for show or sale by auction or otherwise. No person shall place or cause to be placed upon any street, alley or sidewalk any sign, box, barrel, goods, wares, lumber, building materials or any article whatsoever so as to obstruct or otherwise encumber the public way, unless specifically authorized so to do by a special provision included as a part of an evacuation or building permit, or to comply with the requirements for guarding working areas as specified in this chapter. Nothing in this section shall prohibit merchants from using the sidewalk when receiving or shipping goods, provided the use of the street, alley or sidewalk is obstructed as little as possible and for as short a time as possible. (Gen. Ords. 1959, §12.04; Ord. No. 5197, §2, 7‑11‑68)
Sec. 20‑93. Removal procedure.
(a) Whenever it shall come to the knowledge of the mayor that any street, alley or sidewalk is in any manner obstructed, or that there are any encroachments upon any street, alley, or sidewalk, except as otherwise provided in this article, he shall prepare and sign an order for the removal of the obstruction or encroachment directed to the city marshal.
(b) Upon receipt of such order, the city marshal shall give the owner of the property fronting upon such obstructions or encroachments at least five (5) days' notice in writing to the effect that if the obstruction or encroachment is not removed upon the expiration of the time mentioned in the notice, the obstruction or encroachment will be removed by him at the expense of such owner. If, after diligent search, the city marshal is unable to find the owner of the property, he shall give such notice by publication by two (2) insertions in the newspaper doing the city printing. If, upon the expiration of the time mentioned in the notice, the obstructions or encroachments are not removed, the city marshal shall forthwith proceed to remove the obstruction or encroachment.
(c) As soon as the amount of the entire expense of the removal has been ascertained, the city attorney shall bring suit against the owner in the name of the city for the recovery of such sum, if it is not paid upon demand, and the suit may be brought in any court of competent jurisdiction.
(Gen. Ords. 1959, §12.05)
Sec. 20‑94. Removal of trees and structures.
Whenever the council shall by ordinance condemn any tree standing on any street, or whenever any tree or structure of any kind located on any such place interferes with or obstructs any public improvement ordered by the council, the mayor shall notify the owner of the premises in front of which the tree or structure is located to remove it within five (5) days. If the owner is a nonresident of the city, or cannot be found, or is unknown, the notice shall be posted on the premises. Upon the failure or refusal of any such owner to remove the tree or structure within the time prescribed, the city marshal shall cause it to be removed. (Gen. Ords. 1959, §12.07)
Sec. 20-95. Restaurant Outdoor Seating
Restaurants may utilize the public sidewalk for outdoor seating under the following provisions:
a. Seating for not more than twelve (12): Restaurants in commercial districts may provide seating for not more than twelve on the public sidewalk contiguous to their restaurant facility under the following conditions:
1. No permanent structures or paving are installed.
2. No outdoor speakers or music shall be allowed.
3. Outdoor tables, chairs, furniture and decorative items shall be of uniform design and shall be removed from public property November 1 through March 31.
4. Provisions shall be made for adequate litter and trash control including the providing and maintenance of trash receptacles. The outdoor area shall be kept clean and free of debris at all times.
5. Restaurant service equipment shall not be permitted outdoors.
6. An unobstructed pedestrian walkway six feet wide shall be maintained on the public sidewalk between the tables, umbrellas, and the vehicle traffic way.
7. The seating shall not obstruct any entry or exit way of the building or adjacent buildings.
8. Hours of sidewalk use are limited from 6 a.m. to midnight except in B-1, where it shall be limited from 7 a.m. to 10 p.m.
9. Provision shall be made for appropriate lighting which will not disturb adjacent property or affect traffic on adjacent rights-of-way.
b. Seating for more than twelve (12): Restaurants may apply to the City Comptroller for a business license for outdoor seating on the public sidewalk contiguous to their restaurant facility for more than twelve (12) under the following procedures:
1. The Planning and Zoning Commission and Public Works Department shall review the application and plans, taking into account the criteria of the Zoning Code for a Special Use Exception (as applicable) and the following conditions:
a. Parking. That adequate off-street parking exists for the increased restaurant use. A determination of inadequate off-street parking shall be grounds for denial of the permit.
b. Outdoor speakers/music. Outdoor speakers or music shall not be permitted.
c. Outdoor furniture. Outdoor tables, chairs, furniture, and decorative items shall be of uniform design and shall be removed from public property November 1 to March 31.
d. Lighting. Temporary lighting may be approved. Permanent lighting shall not be permitted.
e. Permanent Structures. No permanent structures or paving shall be installed.
f. Hours of Operation. Hours of sidewalk use shall be from 6 a.m. to midnight except in B-1 and residential districts, where it shall be limited from 7 a.m. to 10 p.m.
g. Litter Control. Provisions are made for adequate litter and trash control including the providing and maintenance of trash receptacles. The outdoor area shall be kept free of debris at all times.
h. Pedestrian Walkway. An unobstructed pedestrian walkway at least six feet wide shall be maintained on the public sidewalk between the tables, umbrellas, and the vehicle traffic way.
i. Building Obstructions. The seating shall not obstruct any entry or exit way of the building or adjacent buildings.
j. Lighting. If approved, provision shall be made for appropriate lighting which will not disturb adjacent property or affect traffic on adjacent rights-of-way.
k. Other Conditions. Any other conditions or provisions regarding public safety or health as determined by the Council.
2. The City Council shall review the Planning and Zoning Commission's and Public Works' recommendations and may, upon motion, authorize a business license for the restaurant proprietor for outdoor seating under the following provisions:
a. Upon Council approval of a motion granting the application, the initial license shall be issued by the Comptroller for a one-year period.
b. The license is subject to renewal on an annual basis after inspection and approval by the Public Works Department and Police Department provided that the proprietor has conformed to the provisions of this section and the initial approval conditions, if any. In the event the Police Department or Public Works Department notifies the City Council in writing that the proprietor has failed to conform to any provisions of this section or approval conditions, then the Council, upon written notification to the proprietor, will review the license to determine if renewal is appropriate.
c. The initial and renewal license fee shall be $35 annually for outdoor seating.
d. The license may be revoked by the Council upon written notification by the Police Department or Public Works Department of a violation of this section or the approval conditions following a hearing.
(Ord. 8208, 5-6-93)
Secs. 20-9620.114. Reserved.
ARTICLE IV. EXCAVATIONS
Sec. 20‑115. Permit required.
No person shall make or cause to be
made any excavation in any public place, street, roadway, parkway, walkway,
alley, right-of-way or easement, without first obtaining a permit from the
Public Works Director or Building Commissioner except in the case of public
work by City Forces, a contractor under contract with the City or a
governmental agency. Each separate and
distinct excavation shall require a separate permit. An excavation permit shall be issued only to
contractors licensed in the City of
Sec. 20‑116. Emergency work.
(a) In cases where public health or safety is in danger or whenever excavations must be made on an emergency basis to eliminate hazards to persons, or to prevent interruptions in the utility services or to restore such services after an interruption has developed, the provisions of this article relating to issuances of a permit prior to excavation shall not apply, provided the contractor notifies the Police Department of the City. Application for permit shall be made on the first day the City Public Works Office is open after the emergency work is commenced. Final surfacing by the Contractor shall not be placed until the City has inspected and approved the backfill.
(b) A contractor or public utility operating in the city may obtain an annual permit for the emergency excavation work. The emergency excavation permit shall entitle the contractor or public utility to make emergency excavations. The contractor or public utility who makes an emergency excavation in accordance with his emergency excavation permit shall as soon as reasonably possible notify the Public Works Director or the Building Commissioner of the emergency excavation, and shall pay into the city treasury a fee of twenty dollars ($20.00) for each emergency excavation made as in other excavation permits.
Sec. 20‑117. Application and Permit Fee.
Application for an excavation permit as required in Section 20-115 shall be made on a form provided by the City, which application shall contain information regarding the purpose, location, and size of the proposed excavation and the approximate time work thereon will be commenced, and shall state the length of time applicant estimates will elapse from the commencement of the work until the complete restoration of the surface. Each excavation shall require a separate permit. The fee for each permit shall be twenty dollars ($20.00).
Sec. 20-118. Deposit.
The application for an excavation permit shall include a cash deposit to insure the applicant will backfill the exaction, repair the pavement, and restore the site in compliance with this Article.
(a) The approximate cost of granular backfill, repaving operations, and general site restoration to be performed by applicant desiring to make an excavation will be estimated by the Public Works Director or Building Commissioner at the time application for an excavation permit is submitted, and the cost so estimated shall be deposited with the city. The amount of the deposit shall be reasonably sufficient to secure the City against any damage or expense which may result from the applicant's failure to comply with the provisions of this article. The amount of such deposit shall be based upon the location, purpose, and extent of the work. The minimum amount of deposit shall be one hundred dollars ($100.00) for any excavation except for excavations in street, sidewalk or driveway pavement and than the minimum deposit shall be two hundred dollars ($200.00). The maximum deposit shall not exceed five thousand dollars ($5,000.00).
(b) Utility companies, contractors performing excavations under contract for utility companies, or other governmental agencies are not required to provide a cash deposit.
(c) Each permit shall have a separate cash deposit to guarantee backfilling, paving, and site restoration in accordance with this article.
(d) The applicant is responsible for maintenance of the excavation for 30 days. Settlement of the excavation or cracking, breaking, or rutting of the surface shall be prima facie evidence of improper backfill, which shall be replaced by the applicant or by the City with the cost paid out of the deposit.
(e) If the work is completed satisfactorily, the deposit shall be refunded to the applicant within 15 days of the final inspection by the Public Works Director or his authorized representative. The contractor is responsible for notifying the Public Works Department of final completion of work.
(f) In the event the applicant fails to complete or correct work required by this article, the City may correct or complete said work; and the cost to the City shall be paid out of the deposit. In the event that such deposit is insufficient to pay for the City's cost, the applicant shall pay the excess cost to the City within 30 days. Failure to pay said costs within 30 days shall result in revocation of the applicant's contractor's license.
(g) The minimum charge for the City to complete or correct any excavation shall be one hundred dollars ($100.00).
(h) Failure of the applicant to call for the final inspection within one year of the issuance date of the permit shall result in the deposit being forfeited by the applicant, and said deposit shall be paid to the City treasury as general revenue.
(Ord. No. 9335, §1, 9-18-03)
Sec. 20‑119. Manner of making excavations.
(a) All facilities shall be installed and located with due regard for minimizing interference with the rights of the public, the city and other users of the Public Rights-of-Way. The applicant shall not place facilities where they will damage or interfere with the use or operation of previously installed facilities, or obstruct or hinder the utilities serving the residents or businesses or their use of any Public Rights-of-Way.
(b) All new facilities shall be constructed underground except
for facilities that are required to be located above ground. The City of