[HISTORY: Adopted by the Mayor and Council of the City of
Española as Ch. 86, Art. II, of the Code of Ordinances. Amendments
noted where applicable.]
In case a permittee under this chapter shall fail to complete
any project within the time stated in his application or within a
reasonable time thereafter, or shall fail to construct the project
of good and suitable materials, or in a workmanlike manner, the City
may complete or reconstruct the project, and the permittee and his
bondsmen shall be liable therefor, together with all costs of enforcement,
including a reasonable attorney's fee.
Upon the refilling of an excavation, the excavator shall restore
the public way to its prior condition. If the excavator fails to do
so, the City may do so and charge the excavator the reasonable value
thereof.
All persons making excavations covered by this chapter within
the City shall mark the same in such a manner as to ensure the safety
of vehicular and pedestrian traffic, and such warnings shall be clearly
visible both day and night.
[Amended 11-19-2013 by Ord. No. 2013-02]
No person shall construct, reconstruct, repair, alter, grade,
or make any changes in any sidewalk, curb, driveway, street or alley
of the City or dig or make excavations therein, without first obtaining
a permit from the Planning Director.
[Amended 11-19-2013 by Ord. No. 2013-02]
Any person desiring the permit required by this chapter shall
file with the Planning Director an application on a form to be furnished
by such Planning Director showing:
[Amended 11-19-2013 by Ord. No. 2013-02; 7-11-2019 by Ord. No. 2019-03]
The fee specified in Chapter 171 shall be paid to the City of Española for each application received for the permit required by this chapter.
[Amended 11-19-2013 by Ord. No. 2013-02]
Upon receipt of an application for a permit, the Planning Director
shall refer the application to the Street Superintendent, who is designated
in this chapter as the inspector, and who shall immediately make an
inspection of the proposed work, determine the propriety and feasibility
of the proposed work, and whether or not the estimated cost is in
a sufficient amount to cover the proper completion of the project.
If he shall determine in the affirmative, he shall so state in writing,
endorsed upon the application. If he shall disapprove the same, the
applicant shall have the right to appeal to the City Council, which
may approve or disapprove the application. Should the application
be disapproved by the inspector and appealed before the City Council,
the City Council has the right to consider this application for 30
working days before giving the approval or disapproval to the application.
In any case the applicant shall, before undertaking such work, file
with the Planning Director a bond in a sum of at least twice the estimated
cost of the proposed work. Such bond shall guarantee prompt, faithful,
skillful and workmanlike performance, and that the work will endure
in good condition for the same length of time as the premises would
have, had such work not been done. The bond shall be issued by a surety
company authorized to do business in the state; provided, however,
that the Planning Director may accept a surety bond with two sureties
who are property owners in the City. Should the proposed work, in
the opinion of the inspector, appear hazardous to the public, he shall
also require a comprehensive corporate indemnity bond conditioned
to save the City harmless from all claims for damages or injury to
persons or property by reason of such project. The provisions of this
section may be waived upon a showing of good cause.
