§ 54-46. Permit required.

(a)

It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street 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 an excavation permit from the city clerk.

(b)

Conditioned upon the permittee's agreement to secure and hold harmless the city and its officers against any and all claims, judgements or other costs arising from the excavation and other work covered by the excavation permit or for which the city, the city council or any city officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned on the permittee's agreement to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the director of public works, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after such work shall have been done, usual wear and tear excepted, as it was in before such work shall have been done. Any settlement of the surface within such two-year period shall be deemed conclusive evidence of defective backfilling by the permittee, except that nothing contained in this article shall be construed to require the permittee to maintain any repairs to pavement made by the city if such repairs should prove defective. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the city by reason of the negligence or default of the permittee, upon the city's giving written notice to the permittee of such suit or claim, any final judgment against the city requiring it to pay for such damage shall be conclusive upon the permittee and his surety.

(Code 1976, § 22-103(1))