It shall be unlawful for any person under any pretext whatever to make or place an
excavation, embankment or obstruction in any street, alley, sidewalk, or other public
way in the city until written application has been made for a permit from the city
manager authorizing the same; except, that in the event an emergency exists where
the health and safety of the citizens of the city are in danger, or for the immediate
preservation of property, an excavation, embankment or obstruction may be made to
the extent of abating the dangerous condition or situation; provided, upon relieving
the existing emergency, the person making the excavation shall notify the city manager
and otherwise comply with the requirements of this chapter regulating same. The issuance
of a permit is not an affirmative assumption by the city to supervise or ensure the
permittee complies with all requirements. Failure of permittee to comply will not
be grounds for any actions against the city for negligence in issuing the permit.
(Ord. No. 0-18-96, § 20-7, 5-20-96)
State law reference
O.C.G.A. § 36-30-10.
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