HomeMy WebLinkAboutO-1012ORDINANCE NUMBER D)
AN ORDINANCE TO PROTECT THE PUBLIC SAFETY, HEALTH AND
WELFARE OF THE RESIDENTS OF FAIRHOPE, ALABAMA BY FURTHER
REGULATING EXCAVATIONS AND OBSTRUCTIONS IN THE PUBLIC
STREETS AND PUBLIC WAYS BY AMENDING CHAPTER 19 OF THE
FAIRHOPE CODE OF ORDINANCES;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
Section 1. Chapter 19 of the Fairhope Code of Ordinances is
hereby amended as follows:
Section 19-5. Excavations and obstructions - Permit
Required; Exceptions.
It shall be unlawful for any person to excavate any of
the City's streets, sidewalks or other public ways, or
to erect any structure or obstruction thereon without
first having obtained a permit from the City;
provided, however, that this shall not apply to the
following:
(1) City employees in performance of their duties
(2) Persons or firms holding a specific contract
with the City, authorized by the City Council
(3) Emergency work performed in the public interest
when ordered by the Mayor in his executive
capacity or as utility systems superintendent.
The Permit required hereby shall be of a form designed
by the City and approved by the Mayor. Such permit
shall be assigned a serial number with the prefix
1119- to, shall bear a date of issue and a date of
expiration, not more than 180 days from issue date.
Such permit shall not be valid without the signature
of the General Superintendent, the Director of Public
Works, or the Building Official of the City and the
signature of acceptance by the Permittee. Provided,
however, that the issuing officer may re -issue an
expiring permit for one additional period of 90 days
upon a finding for grounds to do so.
Section 19-7. Same -Repaving for utility services
and Excavations; charge; work to be
performed by City.
Whenever paving is cut by any person or firm under a
permit herein required, there shall be a service
charge levied by the City for replacing paving.
Such charge shall be based upon City's labor and
materials multiplied times a factor of 1.5 times an
extent of damage factor of X. X shall be calculated
based upon the age of the pavement which was cut:
5 for pavement in place for 3 years or less
4 for pavement in place for 3 to 6 years
3 for pavement in place for 6 to 10 years
2 for pavement in place for 10 to 15 years
1 for pavement in place for more than 15 years
Failure to promptly pay outstanding bills for repairs
shall render that person or firm ineligible for
continued work requiring a permit.
Section 19-12 - Requirements for excavation and
installation of utility services -
time, place and manner.
Only work of the type authorized on the Permit shall
be performed and then only after site inspection by the officer
issuing the permit or his deputy.
Inspecting officer may prohibit or limit open cuts and
is hereby authorized to stop work when the activity
underway is in any manner in violation of this or any
other code or ordinance.
No open cut parallel to any curb or pavement edge
shall be nearer to such curb or edge horizontally than
the vertical depth of such cut measured from the
existing surface grade.
No open cut shall be made where installation can be
made by directional bore or bore on grade.
Where open cuts are authorized, no backfill shall be
placed therein except in the presence of the City's
inspector. Such backfill shall be placed in layers
and thoroughly compacted. Where the inspector deems
excavated material to be unsatisfactory for use as
backfill, such excavated material shall be hauled away
from the site and select material for backfill shall
supplied and placed by the installer.
The City's inspector may reasonably limit the hours
and duration of the work in order to secure the public
interest and safety.
The City's inspector is authorized to control the work
undertaken by the installer in order to protect the
public interest in city property and his decision is
final except upon appeal to the City Council. Filing
an appeal to the Council shall be grounds for stopping
all work in furtherance of the action being appealed.
None of the installers equipment shall be parked or
stored upon any private property without the owners
written consent nor on the public property so as to
create a hazard or in violation of Section 19-6
herein.
Section 3. This amendment shall not operate to repeal any other
part or provision of Chapter 19. In the event of conflict
between provisions, the more restrictive
shall apply.
Section 4. Penalty. Penalty for violation of any
provision herein shall be as prescribed by
Section 1-8 of the Fairhope Code of Ordinances
Section 5. Separability and Validity
Each part and each provision of this ordinance is severable from
all other parts and provisions. Should any part or provision
thereof be declared by the courts to be unconstitutional or
invalid, such declaration shall not affect any other part or
provision of this ordinance.
Section 6. This ordinance shall take effect upon its due
adoption and publication as provided by law.
ADOPTED THIS THE 29th day of May 1997.
s P. Nix, Mayor
ATTEST:
Cee
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Geniece W. Johnson
Deputy City Clerk