HomeMy WebLinkAboutOrdinance No.05-1967MICROFILMED 3.13.80
ORDINANCE NO. 5 -67
AN ORDINANCE REGULATING THE OPENING AND EXCAVATING
OF STREETS, ALLEYS, SIDEWALKS, AND OTHER PUBLIC
GROUNDS;. REQUIRING A PERMIT THEREFOR AND PAYMENT
OF A FEE; IMPOSING REQUIREMENTS FOR THE PROTECTION
OF LIFE AND PROPERTY IN CONNECTION WITH EXCAVATION
WORK, INCLUDING TRAFFIC AND PEDESTRIAN SAFEGUARDS
AND THE PROTECTION OF UTILITIES AND OTHER PROPERTY;
REGULATING THE BACKFILLING AND RESURFACING OF
EXCAVATIONS; PRESCRIBING SURETY BOND AND DEPOSIT
REQUIREMENTS; AND PROVIDING WHEN THIS ORDINANCE
SHALL TAKE EFFECT
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA.
SECTION 1. Permit Required.
It shall be unlawful for any person to dig up, break,
excavate, tunnel, jet, bore and jack, undermine or in any
manner break up any street, highway, sidewalk, or other
publicway or public grounds, or to make or cause to be made
any excavation in or under the surface of any street for any
purpose or to place, deposit or leave upon any street any
earth or other excavated material obstructing or tending to
interfere with the free use of the street, unless such person
shall first have obtained a permit therefor from the City as
herein provided.
SECTION 2. Application.
The City may require plans and drawings to accompany the
application. No excavation permit shall be issued unless a
written application for the issuance of an excavation permit is
submitted to the City. The written application shall state the
name and address of the applicant, the nature, location and
purpose of the excavation, the proposed date of commencement
and date of completion of the excavation, and other data as may
reasonably be required by the City.
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MICROFILMED 3.13.80
SECTION 3. Method of Installation.
All installations under or across paved streets or roads
shall be made by boring and jacking if possible.
Installation by open cut will be allowed only by special
permission of the City Council.
All materials and workmanship shall conform to requirements
established by the City which will be available from the City
Manager.
SECTION 4. Guarantee.
It shall be the duty of the permitee to guarantee and
maintain the site of the excavation work free from defects
caused by the excavation for one (1) year after restoring it
to its original condition.
SECTION 5. Permit Fees.
A permit fee in the amount of Ten Dollars ($10.00) shall
be charged for the issuance of an excavation permit which shall
be in addition to all other fees for permits or charges rela-
tive to any proposed construction work.
SECTION 6. Cash Deposits_
The application for an excavation permit to perform excava-
tion work under this Ordinance shall be accompanied with a cash
deposit, for deposit with the City as follows: a sum equal to
$2.00 per square foot of surface of each excavation to be made
in streets which have been paved; a sum equal to 500 for each
square foot of surface of each such excavation to be made in
streets which are not paved. No deposit shall be less than $25.00.
Any person intending to make openings, cuts or excavations in
streets may make and maintain with the City a general deposit in
the sum of $500.00, and the person so depositing shall not be
required to make the special deposits provided in this section
but shall, however, be required to comply with all other applicable
provisions of this Ordinance. Any special or general deposit made
hereunder shall serve as security for the repair and performance
of work necessary to put the street in as good a condition as
it was prior to the excavation if the permitee fails to make the
necessary repairs or to complete the proper refilling of the
opening and the excavation work under the excavation permit.
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MICROFILMED 3.13.80
Upon the permitee's completion of the work covered by such
permit in conformity with this Ordinance as determined by the
City, except in the case of a general deposit, the balance
shall be refunded by the City to the permitee upon the expira-
tion of such twelve -month period; provided, however, that the
City may use any or all of any such deposit to pay the cost of
any work the City performs to restore or maintain the street
as herein provided in the event the permitee fails to perform
such work, in which event the amount refunded to the permitee
shall be reduced by the amount thus expended by the City.
SECTION 7. Clean -uu.
As the excavation work progresses all streets and private
properties shall be thoroughly cleaned of all rubbish, excess
earth, rock and other debris resulting from such work. All
clean -up operations at the location of such excavation shall be
accomplished at the expense of the permitee and shall be com-
pleted to the satisfaction of the City, but shall be limited to
the original condition of the street at the time of excavation.
SECTION B. City's Right to Restore Surface.
If the permitee shall have failed to restore the surface
of the street to its original and proper condition upon the
expiration of the time fixed by such permit or shall otherwise
have failed to complete the excavation work covered by such
permit, the City, if it deems it advisable, shall have the
right to do all work and things necessary to restore the
street and to complete the excavation work. The permitee shall
be liable for the actual cost thereof and 25% of such cost in
addition for general overhead and administrative expenses.
SECTIO14 9. Urgent Work.
If unusual traffic conditions, or excavation of a major
artery require that the excavation work be performed as emergency
work, the City shall have full power to order, at the time the
permit is granted, that a crew of men and adequate facilities
be employed by the permitee 24 hours a day to the end that such
excavation work may be completed as soon as possible. In the
event emergency conditions create an immediate hazard to life or
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MICROFILMED 3.13 -80
property, corrective procedures may be commenced without the
securing of a permit as required by this ordinance, provided
that such permit is secured at the earliest practicable time
after commencement of the work.
SECTION 10. Inspections.
The City shall make such inspections as are reasonably
necessary in the enforcement of this Ordinance.
SECTION 11.
1. An engineering detail for boring and jacking under a
typical section of pavement of any street within the City is
hereto attached and by this reference made a part hereof.
2. An engineering detail for the pavement replacement of
a typical section of any open cut of a City street as authorized
under the terms of this Ordinance is attached hereto and by this
reference made a part hereof.
SECTION 12. Authority of City.
The City shall have the authority to require off - street
dirt storage, to prohibit streets cuts during busy seasons, to
determine the size and length of the cut, and to prohibit cuts
on new pavement.
SECTION 13. Liability of City.
This Ordinance shall not be construed as imposing upon the
City or any official or employee any liability or responsibility
for damages to any person injured by the performance of any
excavation work for which an excavation permit is issued here-
' under; nor shall the City or any official or employee thereof
be deemed to have assumed any such liability or xesponsibility
by reason of inspections authorized hereunder, the issuance of
any permit or the approval of any excavation work.
SECTION 14. Penalties.
Any person, firm or corporation violating any of the pro-
visions of this Ordinance shall, upon conviction thereof, for
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MICRdF1LMED
• 3.13.80 - -- _.
each such offense, be subject to a fine of not to exceed Five
Hundred Dollars ($500.00) or by imprisonment for not to exceed
thirty (30) days, or by both such fine and imprisonment in the
discretion of the Municipal Judge.
SECTION 15.
Should any word, syllable, phrase, section or paragraph
of this Ordinance be held unconstitutional for any reason, the
same shall not invalidate any other part of this Ordinance.
SECTION 16.
All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 17.
This Ordinance shall take effect immediately upon its
adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 19th day of September, 1967.
Mayor
ATTEST:
'City clerk
APPROVF TO• FORM:
icy ttorney
First Reading: September 5, 1967
Second Reading: September 19, 1967
Posted: September 5, 1967
OR 5.67
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