HomeMy WebLinkAbout2021-06-30-2161
AN ORDINANCE PROHIBITING EXCAVATIONS UPON CITY PROPERTY EXCEPT
UPON PERMIT ISSUED BY THE CITY FOR SUCH EXCAVATION.
§216.1 There shall be added to the Waukee Municipal Code, Chapter 216 as
follows:
§216.2 Permit Required for Excavation. It shall be unlawful for any person or
persons, corporation or corporations, partnerships or associations or other entities, except the city of
Waukee, to excavate in, or remove or disturb any city sidewalk, curb or service in any city street,
alley, sidewalk, public park, or other property of the city including public areas which have no such
sidewalks, curbs or other hard surface, and city easements, or to excavate in any other area in the
city of Waukee, to a depth of twelve (12) inches or more, unless such person or persons,
corporation or corporations, partnership or association or other business entity shall, first have
obtained a permit from the city authorizing such excavation.
[April 9, 1991]
§216.3 Compliance with other Chapters. In no event shall any excavation be
made for sanitary sewer installation, repair or maintenance except in compliance with Chapter 204,
Waukee Municipal Code; nor shall any excavation be made for municipal water system
connections, installation, repair or maintenance except in compliance with Chapter 211, Waukee
Municipal Code.
§216.4 Application for Permit. Anyone desiring to make application for a permit
under the provisions of this ordinance shall submit a written application to the city clerk on a form
provided by the city clerk and shall include written proof that all public utilities having cables, pipes
and lines within the city, including the city municipal utilities, have been adequately informed of
any proposed excavation.
§216.5 Surety Bond. No permit shall be issued for any excavation as provided
herein until there has been filed with the Clerk of the city a bond with sureties acceptable to the city
in the sum of $1,000.00 conditioned upon the full observance of city ordinances applicable to such
excavation and that said applicant will indemnify the city for all losses and damages sustained by
reason of any negligence on the part of the permittee, his agents or employees while engaged in
excavating or any costs sustained in enforcing the terms of the bond.
§216.6 Restoration of Excavated Area. Whenever such excavation or removal is
completed, such person shall forthwith restore any street, alley, sidewalk, curb, public park, or
public place to the same condition in which it was prior to the excavation.
[May 8, 1984]
§216.7 Protection of Excavated Area. No person shall excavate or leave any such
excavation without properly barricading the same and maintaining at night warning lights thereon,
upon any pile of earth, plant, stone, or building materials placed nearby. Such person shall also
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indemnify the city for any and all liability for damages arising out of such excavation removal.
§216.8 Penalty. Violation of any of the provisions of this Chapter shall be
punishable by 30 days in jail or $100.00 fine or by both such fine and imprisonment.
§216.9 Severability. If any section, provision, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
§216.10 Effective Date. This ordinance shall be in effect after its final passage,
approval, and publication as required by law.
[May 8, 1984]