§ 82-51. Permit required; exceptions.

(a)

No person shall dig up, break, excavate, tunnel, undermine or in any manner break up any street, nor make or cause to be made any excavation in or under the surface of any street for any purpose, nor place, deposit or leave upon any street any earth or other excavated material obstructing or interfering with the free use of the street without first obtaining a permit.

(b)

This article shall not be applicable to any excavation work carried out under the direction of competent city authorities by employees of the city.

(c)

Where a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation permit, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of the property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the city offices are open for business, and shall not proceed with permanent repairs without first obtaining an excavation permit.

(Code 1989, § 5-1-31)