§ 17-8. Excavations.

(a)

Permit required. Any person desiring to cut any hole, ditch or section into or through any paved street in the city for the repairing of water, gas or sewer lines or for any purpose whatever, shall first procure from the city secretary a permit to do so.

(b)

Protection devices. No person having charge of any public or private improvement in this city shall leave any hold, ditch or excavation in or adjoining any public square, street, sidewalk or other public place without guarding, covering or fencing the same so as to protect persons and animals from danger by falling therein.

(c)

Laying gas pipes; erecting utility poles. Whenever in the laying of any pipe or other apparatus for any gas or the erection of any poles for any electric light or telephone works it shall be necessary to have any earth, gravel or other substance removed or any part of any pavement, sidewalk, street, alley, block or lot taken up, the same shall be done by the person constructing the same under the supervision of the director of public works. During such removal or taking up, any hole or excavation made therefor shall be securely fenced or protected and shall be sufficiently lighted at night so as to provide against all danger to persons or animals. As soon as completed, such street, alley, pavement, sidewalk or other place shall be replaced in as good condition as before removed or taken up.

(d)

Refilling. When any hole, ditch or section is cut into or through any paved street in the city for the purpose of repairing water, gas or sewer lines or for any other purpose whatever, immediately upon the completion of the work necessitating the cutting of such hole, ditch or section the person so doing shall, if the hole or ditch extends more than twelve (12) inches below the bottom base course of the pavement, refill the same to its entire depth, length and width with a concrete mixture of one (1) part cement, six (6) parts sand and twelve (12) parts gravel or broken stone, which shall be thoroughly mixed, tamped and brought to an even surface at the bottom of the base. If such hole, ditch or section extends twelve (12) inches or less below the bottom of the base course of the pavement, such person shall refill the same to its entire depth, length and width, with a concrete mixture of one (1) part cement, three (3) parts sand and six (6) parts gravel or broken stone, which shall be thoroughly mixed, tamped and brought to an even surface at the bottom of the base and restored to its original condition. Where the surface of the pavement on any of the streets in the city is cut into or through, the same shall, immediately after completion of the work necessitating such hole, ditch or section to be made, be replaced by the person so doing with the same type of pavement as that removed and the pavement restored to its original condition.

(Code 1970, §§ 30-32—30-35)