0858 – Excavation License

ORDINANCE 858

AN ORDINANCE REQUIRING ALL PERSONS WHO ENGAGE IN THE BUSINESS OF EXCAVTION TO OBTAIN A CITY LICENSE; REQUIRING A BOND AND LICENSE FEE OF SUCH APPLICANTS, REQUIRING NOTICE TO THE CITY PRIOR TO ANY EXCAVATION ANDPROVIDING A PENALTY FOR VIOLATIONS.

BE IT ORDAINED, by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

ARTICLE I

Definitions

For the purposes of this ordinance the following terms, phrases, words and their derivation have the meaning given herein, unless the context specifically indicates otherwise:

Section 1.  Excavation shall mean the process of making a hole, ditch or trench by digging or by removing earth, soil or stones by process of manual labor or the use of mechanical equipment such as backhoes, trenchers or other types of mechanical shovels.

Section 2.  Excavator shall mean a person who engages in the business of excavating for hire.

Section 3.  “Plumbing inspector” shall mean a person appointed by the Board of Aldermen who shall be the authorized representative of the City to make such inspections as are necessary to properly carry out the provisions of this ordinance.  The plumbing inspector may be the City Marshall, superintendent of Sewage Works or other authorized representative designated by the Board of Aldermen

ARTICLE II

Section 1.  No person shall engage in the business of excavation in the City without first obtaining a City license as such excavator as provided in this article.

Section 2.  Before an excavator’s license is issued to any applicant therefore, he shall file with the City Clerk, a bond with securities approved by the Mayor in the sum ofONETHOUSAND DOLLARS ($1,000.00) to protect the City from all loss or damage that may result from negligence or destruction of city streets, pipelines or cables by the applicant furnishing such bond or any agent, servant or employee of his in the doing of any work within the City.  The bond required by this section shall be maintained in a current status for each period of license renewal and failure to comply with this provision shall automatically affect the revocation of the license.

Section 3.  Each applicant for an excavator’s license who has not previously been licensed as an excavator in the City shall pay a fee of $1.00 Dollars for the first year.  Each excavator’s license shall be annually renewed on the first day of January, in each year upon the payment of a renewal fee of $1.00 Dollars.

Section 4.  Each applicant for an excavator’s license who has not previously been licensed as an excavator in the City shall make application to the City Clerk and pay to the City Clerk at the time of such application the license fee provided above and furnish bond as provided above.  The excavator’s license shall be issued upon the completion by the applicant of such requirements.

Section 5.  An excavator’s license may be revoked by the Board of Aldermen at any time for cause without recourse.

Section 6.  No license under this article shall be transferred from one (1) person to another person and all persons holding licenses, as excavators shall actually engage in the business of excavation.

ARTICLEIII

Section 1.  Every person who intends to do any excavation in the City shall, before commencing such work, notify the City Clerk or the Plumbing Inspector of such intended excavation; provided, however, that such notice shall not be required where such work does not require digging in the streets or easements granted to the City by the property owners.

Section 2.  Such notice shall state the location of the proposed excavation, the owner of the premises and the name and location of the excavator doing the work.  A complete description of the work to be done shall be furnished either in writing or by drawings.

Section 3.  Any person who shall excavate any part of a street shall also notify the Plumbing Inspector when such excavation has been completed and filled in.

Section 4.  The Plumbing Inspector shall inspect such excavation as soon as may be practicable after receipt of such notice to determine that the street has been properly repaired.

Section 5.  If the Plumbing Inspector finds that any part of the excavation or street repair fails to pass inspection, the excavator or person doing the excavation work shall repair the street in such a way that it shall pass inspection.

Section 6.  Any excavator or person doing any excavation requiring repairing or re-surfacing of any street shall deposit with the City Clerk or Plumbing Inspector the sum of $2.50 Dollars as a fee for inspection in addition to any fees required by any other ordinances.

ARTICLE IV

Any excavator or person doing any excavation work shall be liable for any damage done to the City street, alleys, pipelines, sewers or cables as a result of such excavation work; provided, however, that no such person shall be liable for any damage done to any pipelines, sewers or cables not caused by his negligence where such person complied with the provisions of this ordinance and was not notified by the City of the location of such pipelines, sewers or cables.

ARTICLE V

Section 1.  Any person, firm or corporation violating this ordinance shall upon conviction be fined in an amount not exceedingONEHUNDRED DOLLARS ($100.00) and Court costs or be imprisoned.   Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

Section 2.  Any person, firm, or corporation violating any of the provisions of this ordinance shall become liable to the City for any expense, loss or damage occasioned the City by reason or such violation.

Section 3.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 4.  This ordinance shall be in force and effect from and after its passage and approval as provided by law.

READ THE THIRD TIME and passed this 29-day of March 1978.

APPROVED, this 29 day of March 1978

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William Thelen-Mayor

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Marcelle Marquardt-City Clerk

No voting record

 

 

 

 

 

 

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