A.
No person, other than a duly authorized City officer or employee or except as otherwise provided in Subsection B, shall make any opening or remove any pavement or sidewalk in any of the streets, avenues, alleys or public places in the City, unless he shall have obtained a permit therefor from the General Manager.
B.
No permit shall be required for openings made for the purpose of
repairing the tracks or the pavement occupied by the tracks of railroad
or of street railway corporations which are required by law to maintain
the pavement occupied by their tracks, nor shall a permit be required
for street openings made for the purpose of carrying out City paving,
water or sewer work or contracts.
[Amended 4-4-2019 by Ord.
No. 1998]
Before any permit required by this article shall be granted
to any person, including public service corporations, an application
therefor, signed by the applicant, shall be made to the General Manager
on the printed blanks provided therefor, describing the location,
number, purpose and the size of the openings to be made, the kind
of pavement or sidewalk to be removed, the time when such openings
are desired and the length of time the openings shall remain open,
together with such other information regarding the work as the General
Manger may require. Each applicant shall pay a permit fee of $150
per opening and $3 per square foot for each opening. At the time of
applying for a permit, the contractor must present proof of liability
insurance name the City as co-insured, proof of workers compensation
insurance, the Underground Facilities Protective Organization case
number, and any other documentation that the General Manager deems
necessary.
A.
The General Manager shall have power to grant permits to public service
corporations for opening, refilling and repaving streets, avenues
and public places in the City for the construction, laying, repairing
and maintaining of mains, pipes, services, conduits, manholes, railroad
and railway tracks and appurtenances thereto, under the provisions
of this Code and other City laws and ordinances. Before any such permit
is granted, the applicant shall pay the required permit fee and file
with the General Manager, such maps, plans, specifications and information
regarding the proposed work as the General Manager may require, and
the General Manager shall have power to prescribe such conditions
and methods of doing the work as he may deem for the best interests
of the City. The permittee shall be required to remove all clay or
other materials which, in the opinion of the General Manager, are
unsuitable for backfilling, and refill and compact all openings with
appropriate backfill material and to install suitable concrete base
and replace all pavements removed or disturbed by the prosecution
of the work and restore the same to as good a state and condition
as before the opening was made, satisfactory to the General Manager.
After the completion of the work, the applicant shall keep the pavement
at all times free from defects and settlements caused by the work
for which the permit was granted.
B.
Should the party to whom the permit was granted fail to properly
repair the pavement within five days after written notice from the
General Manager, the General Manager shall have the power to have
such repairs made, and the expense therefor shall become a charge
against the party to whom such permit was granted; however, in an
emergency when the General Manager deems the pavement to be in a dangerous
condition, the General Manager may have such repairs made without
notice, and the expense thereof shall become a charge against said
party. In case of nonpayment of bills for repairs, the General Manager
may also withhold further permits from that party until the bills
are paid.
A permit granted under this article is not transferable, and
any violation thereof will be deemed a violation punishable under
the provisions of this article.
A.
The permittee shall remove and dispose of all excavated debris, trash
and clay or other material which, in the opinion of the Foreman of
the Water Department or his designee, is unsuitable for backfilling.
The permittee shall refill all excavations with clean and dry sand,
gravel or shale refill aggregate surrounding installed pipes and valves.
Clean and dry gravel shall be used to fill the remainder of the excavation.
All fill must be compacted in layers of 12 inches, until finish grade
is reached. Fill surrounding pipes and fittings must also be suitably
compacted.
B.
Prior to refilling an excavation, the Foreman of the Water Department
or his designee must be notified and must inspect water and/or sewer
connections to mains and the suitability of the backfill material.
Excavations may not be refilled without the specific permission of
the Foreman of the Water Department or his designee.
C.
The permittee shall comply with the provisions of § 244-7 of this chapter and any and all requirements and regulations that the General Manager made deem appropriate.
D.
The permittee shall maintain the excavation free from defects and
settlements caused by the work for which the permit was issued, for
a period of one year, commencing after final pavement has been installed.
The permittee shall be responsible for any damage to motor vehicles,
property or persons caused by the failure to maintain the excavation
in a safe and passable condition. Should the party to whom the permit
was granted fail to properly repair the pavement within five days
after written notice from the General Manager or his designee, the
General Manager or his designee shall have the power to have such
repairs made, and the expense therefor shall become a charge against
the party to whom the permit was issued. Until the permittee reimburses
the City, the permittee shall be ineligible to be issued further permits.
The General Manager shall have the power to issue a permit to
any applicant who desires to open the sidewalk of any street, avenue,
alley or public place in the City for the purpose of making or repairing
water or sewer connections, or for any other purpose whatever, if
the applicant therefor files the proper application therefor and pays
the permit fee required by this article. The applicant to whom the
permit is granted shall be required to refill all openings and replace
and repair all sod, flag, brick or cement sidewalks, curb, pavement
or other work disturbed or injured by reason of the opening in a manner
satisfactory to the General Manager.
Where the City employees of the Department of Public Works make
openings in the pavements, sidewalks or other public places of the
City and find defects in the water services or house drains for which
the owner of the water services or house drains is responsible, the
plumber employed to repair the defects shall make application and
obtain permits for such openings in the same manner as is herein provided
for other openings.
Any person, except as herein provided, who shall make any opening or remove the pavement or sidewalk in any street, avenue, alley or public place in the City without first having obtained a permit therefor from the General Manager or who shall violate any provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty, and will bear the cost of replacement of paving for each offense, and each opening made without such permit shall constitute a separate offense.
