§ 96-10. Emergency excavation and encroachment.

A. 

Upon application of any public utility, taxing district or licensed contractor acting on behalf of a property owner, the Director or his designee may issue an emergency excavation permit to such utility, taxing district or licensed contractor to perform emergency repair work, such as broken gas or water mains or sewer laterals, within any street.

(1) 

Application for such emergency excavation permit shall be made to the Director in the manner prescribed by him and shall include such information as the Director may reasonably require.

(2) 

Each such application shall contain an agreement that, in consideration for the issuance of an emergency excavation permit, the applicant acknowledges, covenants and agrees to comply with and to be bound by the terms of the permit, rules and regulations issued by the Director and all of the provisions of this chapter, including, but not limited to, § 96-9, Responsibilities, agreements and indemnification.

(3) 

No such permit shall be issued unless and until § 96-7, Bond requirements, and § 96-8, Insurance requirements, of this chapter have been complied with.

(4) 

Within 24 hours of the commencement of any emergency repair work under an emergency excavation permit, a public utility, taxing district or licensed contractor shall give notice to the Director or his designee giving all details, including, but not limited to, the reason, extent and specific location thereof. The Department of Public Works will maintain a log for the purpose of recording each such notice.

B. 

Where an emergency exists which does not allow time for the submission of an application for an emergency excavation permit under this chapter and which emergency requires immediate repair to provide utility connections or requires an emergency excavation or encroachment for the preservation of life or property, any public utility, taxing district or licensed contractor acting on behalf of a property owner may be given verbal permission by the Director or his designee upon receipt of all details thereof, as required by this section. Such permission shall be given to the person who will actually perform the emergency work. Such person shall have on deposit with the Director or his designee the bond and insurance certificates required by §§ 96-7 and 96-8 prior to the performance of such emergency work. On the first working day after verbal permission has been granted to perform emergency work, such person shall submit to the Director or his designee a written application as required under this chapter. Subsequent permits may be refused to any such person if the Director or his designee determines an emergency did not exist and permission was requested upon inaccurate or bad-faith information.

C. 

All work performed under emergency excavation permits shall comply with the provisions of this chapter and with all rules and regulations issued by the Department.