Opening streets - see CHTR. Sec. 188

Sidewalks - see Ohio R.C. 729.01

Opening streets - see Ohio R.C. 723.02

Damages resulting from excavations - see Ohio R.C. 723.49

Improvements and repairs - see PUB. PROP. Ch. 901

Sidewalk construction and repair - see PUB. PROP. Ch. 905

Opening streets for sewers - see W.S. & E. 1103.04

Sewer excavations - see W.S. & E. Ch. 1133

(a) All public service agencies, companies or corporations, persons and individuals wishing to dig into or open holes, ditches or trenches in the sidewalk or roadway or to occupy the right-of-way of any streets, alleys or public ways of the city in order to place, extend or repair therein any pipes, conduits or wires, or for any other reason, shall at least ten (10) working days before proposing or preceding to do so, obtain the consent of the transportation administrator. All such requests shall be submitted to, reviewed and approved by, along with appropriate fees and deposits paid to the city, before it shall become effective. All such fees shall be deposited by the transportation administrator with the city treasurer to the credit of the street construction maintenance and repair fund. All deposits shall be returned upon completion and acceptance of the work. A record of such written consent shall be kept in the office of the transportation administrator.
(b) All public service agencies, companies or corporations, persons and individuals wishing to occupy the public right-of-way of any street, alley, sidewalk, public way or paving of the city in order to repair, replace, renovate, extend, refurbish, alter, mark, decorate, install, maintain any building, structure, surface, pole, conduit, pipe, wires, sign or graphic, cable, sewer or drain structure or building connection of any kind above, near or adjacent to said right-of-way shall at least five (5) working days before proposing or preceding to do so, obtain the consent of the transportation administrator. All such requests shall be submitted to, reviewed and approved by, along with appropriate fees paid to the city, before it shall become effective. All such fees shall be deposited by the transportation administrator with the city treasurer to the credit of the street construction maintenance and repair fund. A record of such written consent shall be kept in the office of the transportation administrator.
(c) Strict liability is intended for this section. (Ord. 1006-93; Ord. 1909-01 § 1 (part).)

The transportation administrator shall promulgate reasonable rules and regulations to carry out the provisions of this chapter. The transportation administrator shall supervise and control the work done thereon in the way and manner provided for the digging in and opening up of holes, trenches and ditches in any street, alley or public way of the city, in either the sidewalk or the roadway or to occupy the right-of-way thereof. The plan and manner of such work shall be as described by the transportation administrator. (Ord. 2227-88; Ord. 1909-01 § 1 (part).

Upon the passage by the council of any ordinance determining to proceed with the paving of any roadway, no permit will be granted to any person to make any opening in any new pavement or repavement of any street or alley, except for the purpose of repairing leaks in pipes, until after three (3) years from the date of the completion of such new pavement or repavement. (Ord. 2227-88.)

Whenever any person shall have authority, as provided in C.C. 903.01, to excavate or dig in or to occupy the right-of-way of any street, alley, sidewalk or public way the person causing such excavation, digging or occupancy to be done shall complete the same such excavation or digging with all possible dispatch. The person shall fill in and cover over such excavation or digging in such manner, and by such time as may be required by the city engineer, or shall be liable to the city for the expense thereof, if it be filled in or covered by the city. During the progress of any such work at least one-half of the street or alley shall be kept open and free for the passage of vehicles, except when in the opinion of the city engineer the street or alley must be closed to facilitate the work to be done. The person so causing any such excavation, digging or occupancy to be done shall be liable for all damages to persons or property which in any way result therefrom. (Ord. 2227-88.)

It is the duty of each and every owner of real estate, and of the agent or lessee of such owner, and of any and every other person who shall, under authority as provided for in CC. 903.01, open, excavate or occupy the right-of-way or cause or permit the same, whether under contract with the city or otherwise, any street, alley, sidewalk or other public way within the corporate limits, for any lawful purpose whatsoever, immediately upon completion of such work cause it to be put back and placed in reasonably close conformity to the condition before such work began. This work shall include but not be limited to the following:
For the purpose of laying or repairing any:
Water pipe for the conveyance of water;
Gas pipe for the conveyance of gas;
Sewer pipe for the conveyance of drainage or sewerage;
Construction of any kind of sewer or other drain structure;
Electric or cable type conduit of any kind; or
For the purpose of making house connections of any kind whatsoever;
For placing or repairing any overhead lines or other similar facilities;
For opening, excavating or occupying the right-of-way, or cause or permit to be opened, be excavated in or to occupy the right-of-way, of any such street, alley, sidewalk or other public way, for any lawful purpose whatsoever.
The aforesaid work shall include the proper and thorough compacting and settling of the earth displaced, replacement of backfill, subbase or pavement as required by current city standards and in accordance with the current Construction and Material Specifications of Columbus (CMSC). The top of any such opening shall be laid with the same or nearly the same kind of material(s) as the CMSC permit as composed the surface thereof before such opening and in the same manner and upon the same level as it lay before such opening was made. All of the aforesaid shall be done before leaving such work, and immediately after the accomplishment of the purpose of such opening or occupancy of the right-of-way, so that the street, alley, sidewalk or other public way so opened shall, immediately after such work is done, be placed in reasonably close conformity to the original condition in every respect, as it was before such work was commenced. The duty of so closing up such openings or excavations as aforesaid, is also imposed upon any contractor and any officer and upon any and all other persons under whose direction, supervision or oversight such opening is made, or upon whose request, permission or cooperation such opening is made. It is the duty of the director of public service through the transportation administrator to require and see that the provisions of this section are strictly, promptly, fully and carefully carried out and enforced. (Ord. 2227-88; Ord. 1909-01 § 1 (part).)

Whenever any excavation or trench work or vault grating or other opening in any street, alley, sidewalk or public way of the city shall be opened for use, or otherwise, it shall be carefully protected in such manner as to prevent accidents. If opened during nighttime, the opening shall be protected with a yellow steady burning lamp. Any person having charge or control over any vault, area, cellarway or other opening in any street, alley, sidewalk or public way of the city, or of the house or building to which the same is attached who shall permit the same to remain open and unprotected, at any time, or to become out of order or repair shall be deemed guilty of a misdemeanor.
Such protection including traffic control devices shall meet current standards and specifications. All traffic control devices used for maintenance of traffic shall conform to the state of Ohio Department of Transportation’s “Manual of Traffic Control for Construction and Maintenance Operations” or similar standards in effect at the time. (Ord. 2227-88.)

Whoever violates any provision of this chapter shall be deemed guilty of a first degree misdemeanor and fined not exceeding one thousand dollars ($1,000.00), or imprisoned for not more than six (6) months, or both. Any such violation shall constitute a separate offense on each successive day continued. (Ord. 2227-88.)