[Adopted 12-19-2002 by Ord. No. 1704 (Ch. 21, Part 1, of the
1986 Code of Ordinances)]
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
Any person who makes application for a permit.
January 1 through December 31, inclusive.
The City of Washington.
Any governmental corporation initiated by Council under the
Municipal Authorities Act of 1945.[1]
A fund established and regulated by the City; the monies
therein are explicitly designated for the resurfacing and reconstruction
of City streets.
Any request or action of any kind by any person or entity
in order to have, or which does have, the effect of closing or restricting
the use of any City street or roadway for any period of time unless
specifically exempted by an authorized representative of the City
of Washington for any approved City or community event.
[Added 3-8-2007 by Ord. No. 1772]
Soil cement, plain cement concrete or base course of some
City streets.
Actual expenditures incurred by the City for labor, equipment
and material, which include all fringe benefits and overhead.
A fee paid by the permittee to the City to defray a percentage
of the costs for resurfacing and reconstruction of City streets resulting
from the depreciation of streets associated with street openings.
The Department of Public Works.
Any condition constituting a clear and present danger to
life or property by reason of escaping gas, exposed wires or other
breaks or defects in the user's line.
A fee paid by the permittee to the City to defray street
opening inspection costs.
A fee paid by the permittee to the City to cover the costs
of issuing, processing and filing the street opening permit.
Any person who has been issued a permit and has agreed to
fulfill the provisions of this article, but not limited to the owner
of the property adjacent to the subject roadway and the person or
entity to perform the improvement.
Any natural person, partnership, firm, association, utility
or corporation.
Any utility company, excluding corporate authorities of the
City, franchised by the Public Utility Commission of the Commonwealth
of Pennsylvania.
A process which provides a new wearing surface in a certain
paved street area between curbs with the same material that was existing
prior to excavation.
The portion of the street right-of-way reserved for sidewalks
or that area defined on the City plan.
The entire right-of-way of a public street, public highway,
public alley, public avenue, public road or public easement within
the City limits, excluding the designated curb and sidewalk area.
The public utility, municipal corporation, municipal authority,
rural electric cooperative or other person who or which uses a line
to provide service to one or more customers.
Normal business day for the City government, including Monday
through Friday, except designated holidays.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19,
2001, P.L. 287, No. 22). See now the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
A.
The opening or closing of the surface of any street, curb or sidewalk
is prohibited unless a permit is obtained for that purpose in the
manner hereinafter described and subject to the terms and conditions
set forth herein. Such permit shall be granted through the City Administrator
or his/her representative when the person applying for such permit
files an application with the Department in compliance with the provisions
of this article and pays into the City treasury the amounts hereafter
stated.
[Amended 3-8-2007 by Ord. No. 1772]
B.
Any person working in the vicinity of a City street, curb or sidewalk
who in any manner causes damage to a street, curb or sidewalk or pavement
shall be required by this article to obtain a permit and correct this
damage in accordance with the standards of the Department as set forth
herein. Street, curb or sidewalk opening permits are also required
for persons excavating adjacent to the curb for the purposes of installing
or replacing sidewalks and/or curbs, and a curb and sidewalk permit
must be obtained prior to such work.
C.
The obtaining of street, curb or sidewalk opening permits by City
departments and corporate authorities may be waived when work to be
performed is completed by their own personnel.
D.
All contractors performing work under contract for the City or City
corporate authorities shall obtain the street, curb or sidewalk opening
permit for street, curb or sidewalk opening work.
E.
If street, curb or sidewalk openings are necessitated by emergencies,
street, curb or sidewalk opening permits shall be obtained on the
first regular business day on which the office of the City is open
for business after such emergency begins, and such permit may be retroactive
to the date when the work was begun.
F.
A person performing street, curb or sidewalk openings for an emergency
shall verify the emergency nature of the circumstances, in writing,
to the City Administrator within five days after such emergency on
the street cut opening application, and provide all documentation
reasonably requested by the City.
A.
When the City or the Pennsylvania Department of Transportation reconstructs
or resurfaces any street, curb or sidewalk, the City Administrator
shall first serve written notice by first class mail or by personal
service of such improvements to all persons owning property abutting
the street, curb or sidewalk about to be improved who are in violation
of the article relating to streets, curbs and sidewalks and to all
public utility companies operating in the City; within 60 calendar
days from receipt of such notice, all notified persons shall complete
or cause to be completed all necessary repairs and replacement of
utility mains, service, connections and/or laterals existing under
the street and designated curb and sidewalk areas. Notified persons
shall also complete or cause to be completed any new installations
under the street and designated curb or sidewalk areas required for
use within a two-year period thereafter, pursuant to the terms, standards
and conditions set forth herein.
B.
This section shall not forbid the installation of new pipes, conduits
or other services or structures, or the repair or replacement or other
services or structures, or the repair or replacement of those already
existing in or under the portions of such highways improved as aforesaid
by penetrating the subsurface beneath paving or highways in accordance
with City ordinances and directions of the City Administrator or the
Department of Transportation, upon obtaining a permit therefor prescribed
by the provisions of this article, except for the degradation fee
for making a surface opening in the highway of the same dimensions.
The applicant shall protect, defend, indemnify and save harmless
the City, its officers and/or agents thereof from all claims, suits,
actions and proceedings of every nature and description which may
be brought against the City, its officers or agents thereof for or
on account of any injuries or damages to persons or public or private
property because of any materials or appliances used in the work or
by or on account of improper materials or workmanship or for or on
account of any accident or any other act, negligence or omissions
of said applicant or his agents, servants or employees, and the City
shall not in any way be liable therefor during the period of the work
progress and the one-and-one-half-year guaranty period following the
completion of the work. Minimum insurance shall be:
A.
Three hundred thousand dollars' liability per individual for bodily
injury.
B.
One thousand dollars' liability for property damages.
C.
Evidence of insurance in the form of a certificate or letter executed
by a duly authorized representative of the applicant's insurance
carrier shall be submitted to the City Clerk's office each January
15. Said evidence of insurance must include the provision that the
City shall be given proper advance notice of at least 30 days of cancellation
or any material alteration in the applicant's policy.
All excavations shall be commenced and completed by the use
of reasonable work force. In congested areas and the central business
district, the City may limit work to other than normal daytime working
hours. Further, at the cessation of work, adequate steel plates or
wooden planking may be required over the excavation while it is not
being worked to ensure full traffic flow. The maximum length of the
opening in the roadway shall be 100 feet, unless otherwise permitted,
in writing, by the City Administrator.
In peak traffic areas, all excavated material shall be removed
daily at the cessation of work. All gutters and drainage devices shall
be kept clean of all debris and excavated material. Fire hydrants
adjacent to the work shall be at all times readily accessible to fire
apparatus, and no materials or obstructions shall be placed within
15 feet of any hydrant.
Material which is unsuitable and any surplus of excavated material
shall be considered waste and shall be disposed of by the utility
or contractor beyond the project limits. In no case shall waste material
be left at the work site.
[Amended 3-8-2007 by Ord. No. 1772]
During the progress of any work identified or referenced in
this article, the applicant shall provide and maintain such barricades,
warning signs and flagpersons necessary to prevent accident to the
public and/or adjoining tenants. Minimum precautions must include,
but should not limited to, advanced warning signs on all approaches
to the work, safe crossing for pedestrian each 300 feet, and barricades
with flashers on each exposed side at fifty-foot intervals. All precautions
shall be in accordance with the Pennsylvania Motor Vehicle Code, Manual
of Uniform Traffic Control Devices, as adopted by the United States
Department of Transportation Federal Highway Administration, 1971,
Part IV, Traffic Controls for Street and Highway Construction and
Maintenance Operations. If, in the opinion of the City or its designated
representative, there is a need for additional signs, barricades,
flagpersons or other protective measures, then the applicant must
supply the same as directed by the City and at the sole cost of the
applicant.
No street in the City of Washington may be completely closed
to traffic at any time. One lane of traffic must be able to pass unobstructed
at all times. Flagpersons must be posted at the limits of work at
all times to direct traffic through the work area, and all established
traffic patterns must be maintained at all times. If all other means
of traffic control have been exhausted, the City may permit a road
to be completely closed temporarily only with the consent of the City
Administrator, Fire Chief and Police Chief. When an emergency exists,
the Police and Fire Departments shall be notified in advance of the
closing of any street.
The site of the work will be cleaned of all rubbish and surplus
or unsuitable materials and promptly restored to its original condition
as backfilling proceeds and work progresses. Pavements adjacent to
the site of the work shall be constantly swept so as to prevent scarring
of the pavement by scattered stones.
In the event that a cut is made and, upon inspection, damage
to another utility's underground facilities is discovered, it
shall be the responsibility of the party making the cut to contact
the City Administrator and all concerned pertinent utilities to instruct
them to have representatives inspect the condition before any backfilling
is begun. The flow of all sewers, drains, house connections, utility
lines and laterals and watercourses met with shall be maintained and
provided for by the contractor without damage or nuisance to other
parties. All connections shall be restored.
The permanent restoration of special type pavements, such as
concrete, brick, belgian block, cobblestone gutters or tiles, shall
consist of re-laying the original wearing course in accordance with
the original installation specifications in such a manner as to prevent
settlement or other deterioration.
The City Engineer or his designate may inspect all cuts, and
an inspection fee by the City Engineer shall be charged and paid by
the applicant. Such inspection fees shall constitute acceptance and
approval of work performed by the utility or contractor, but it is
understood that such acceptance and approval does not relieve the
applicant or contractor of any responsibility under this article throughout
the guaranty period.
Upon notification from the City Administrator of a planned street
resurfacing or reconstruction, all utilities will be required to test
their lines and services and to schedule necessary capital improvements
and service connections prior to resurfacing or reconstruction. Thereafter
cuts will be permitted in the new pavement only in an emergency or
as otherwise permitted by the City.
[Amended 3-8-2007 by Ord. No. 1772[1]]
In addition to any other fees or charges set forth herein, when
any street work or street closing renders metered parking unavailable
on any street or portion thereof, then the applicant or person responsible
for said work or closing shall be charged a fee of $10 per meter for
each day or portion thereof that each meter is made unavailable at
any time during the day. The City may increase these fees hereafter
from time to time by resolution.
The applicant or contractor must reimburse the City all costs
to replace all pavement markings damaged or removed by pave cuts and
work incident thereto. The City shall contract to have the necessary
repairs made and shall bill the applicant.
[Amended 3-8-2007 by Ord. No. 1772]
The City reserves the right to bar any contractor or his employee
from working within the City limits whose work is found in noncompliance
with this article. The City reserves the right to refuse issuance
of a permit to any applicant for any purpose, including for those
who fail to maintain pave cuts or any other work in accordance with
this article or who fails to pay sums due the City within 30 days
from the date of billing. The City reserves the right to refuse issuance
of a permit to cut new pavement. "New pavement" shall be deemed to
include any surface paved or otherwise completed for a period of six
years from its completion.
A.
Appointment. There is hereby established a board to be called the
"Board of Appeals," consisting of three members, one of whom shall
be a registered professional engineer whose experience pertains to
roadway construction, one of whom shall be a licensed contractor whose
experience pertains to roadway construction and/or repair, and one
of whom shall be an attorney of the Washington County Bar. The members
shall elect one of their members to act as Chairman.
B.
Ex officio members. The City Engineer and the City Director of Public
Works shall be ex officio members of the Board of Appeals. They shall
have no right to vote on any matter submitted to the Board of Appeals.
The City Clerk shall act as Secretary for the Board of Appeals.
C.
Terms of office. The City Council shall appoint all members of the
Board of Appeals. All members shall hold office unless removed during
the term for the period for which the Mayor is elected and until a
successor is appointed and qualified. Vacancies shall be filled for
an unexpired term in the manner in which original appointments are
required to be made. Continued absence of any member from regular
meetings of the Board shall, at the discretion of the chief appointing
authority of the municipality, render any such member liable to immediate
removal from office by such chief appointed officer.
D.
Quorum. Members of the Board shall constitute a quorum. In varying
the application of any provision of this article or in modifying an
order of the Street Inspector, affirmative votes of two members shall
be required. No member of the Board shall pass upon any question in
which he, or any corporation in which he is a shareholder, is interested.
E.
Meeting and records. Meetings of the Board shall be held at the call
of the Chairman and at such other times as the Board may determine.
All hearings before the Board shall be open to the public. The Board
shall keep minutes of its proceedings, showing the vote of each member
upon every question or, if absent or failing to vote, indicating such
fact, and shall also keep records of its examination and other official
action. Such minutes and such records shall be public records.
A.
Any person or corporation aggrieved by a decision of the City may
take an appeal to the Board of Appeals.
B.
An appeal may be taken within 30 days from the date of the decision
appealed by filing with the City Clerk and the Board of Appeals a
notice of appeal, specifying the grounds thereof, except in the case
where a condition exists which, in the opinion of the City, constitutes
a clear and present danger to the public. In such a case, the City
may in its order limit its order to a shorter period. The City Administrator
shall forthwith transmit to the Board of Appeals all the papers and
other information upon which the action appealed from was taken. Each
appeal shall be accompanied by a deposit in an amount set from time
to time by resolution of City Council. If on appeal the decision of
the City is changed, modified or reversed, the deposit shall be returned
to the appellant. If the decision of the City is sustained, the deposit
shall be retained by the City. The appellant shall be required to
pay all expenses for any tests deemed necessary by the Board.[1]
A.
The Board of Appeals, when so appealed to and after a public hearing,
may vary the application of any provision of this article to any particular
case when, in its opinion, the enforcement thereof would do manifest
injustice and would be contrary to the spirit and purpose of this
article or public interest or when, in its opinion, the interpretation
of the City should be modified or reversed.
B.
A decision of the Board of Appeals to vary the application of any
provision of this article or modify an order of the City's agent
shall specify in what manner such variation or modification is made,
the conditions upon which it is made, and the reasons therefor.
A.
The Board of Appeals shall in every case reach a decision without
unreasonable or unnecessary delay. Every decision of the Board of
Appeals shall be in writing and shall indicate the vote upon the decision.
Every decision shall be promptly filed in the office of the City Clerk
and shall be open to public inspection.
B.
If a decision of the Board of Appeals reverses or modifies a refusal,
order or disallowance of the City's agent or varies the application
of any provision of this article, the City's agent shall take
action immediately in accordance with such decision.
A person aggrieved by a decision of the Board, whether previously
a party to the proceeding or not, or an officer of the Board may,
within 15 days after the filing of such decision in the office of
the City Clerk, apply to the appropriate court to correct errors of
law in such decisions.
A.
All litigation, hearings, investigations and other proceedings whatsoever
pending under any act repealed by this article shall continue and
remain in full force and effect. All orders, rules or regulations
issued or filed under any ordinance repealed by this article, and
in full force and effect upon the effective date of this article,
shall remain in full force and effect for the term issued or until
revoked, vacated or modified under the provisions of this article.
All existing contracts and obligations entered into or created under
any ordinance repealed by this article, and in force and effect upon
the effective date of this article, shall remain in full force and
effect.
B.
The repeal by this article of any other act shall not revive any
law heretofore repealed or superseded and shall not impair or affect
any act done, offense committed or liability, penalty, judgment or
punishment incurred prior to the time this article takes effect, but
the same may be enforced, prosecuted or inflicted as fully and to
the same extent as if this article had not been passed. The provisions
of this article, as far as they are the same as those of existing
laws, shall be construed as a continuation of such laws, and not as
new enactments.
A.
A written application shall be filed with the City Clerk for making
all street, curb or sidewalk closings, openings or excavations and
signed by the owner of the property adjacent to the subject roadway
and the persons or entity to perform the improvements desiring such
permit. Such application shall set forth any information reasonable
required by the City, including the purpose for which such excavation
is to be made, the size and location of the same, the full scope of
work to be included in the project, the date or dates during which
said excavation is to be permitted, the date such excavation is to
be refilled and resurfaced in the manner hereinafter provided, and
shall provide that the applicant will faithfully comply with each
and every provision contained in this article. An applicant shall
furnish a drawing of this proposed site, which shall be attached to
the application. Items required on the drawing shall be provided by
the applicant as requested by the City.
[Amended 3-8-2007 by Ord. No. 1772]
B.
Prior to issuing such permit, every such applicant shall pay the
City Treasurer the amount hereinafter required for the purposes specified
and shall exhibit to the Department a receipt for the amount paid.
C.
Where the street, curb or sidewalk opening permit is required for
water supply purposes, the application shall be countersigned by the
City Plumbing Inspector or a City representative or other individual
authorized by him before the permit will be granted. Where the street,
curb or sidewalk opening permit is required for sewage service purposes,
the application shall be countersigned by the City Plumbing Inspector
or a City representative or other individual authorized by him before
the permit will be granted.
D.
No permit shall be granted to any applicant unless the applicant
has paid to the City any and all monies then due to the City for prior
excavations made or for any loss, damage or expense in any manner
occasioned by or arising from the work done by the applicant under
the provisions of this article.
E.
The applicant for any permit and/or the owner of the property adjacent
to the subject roadway and the person or entity to perform the improvement
shall agree to indemnify and hold harmless and save the City, its
officers, employees and agents from any and all costs, claims, damages
and liabilities which may occur or be claimed to occur by reason of
such work to be done by the applicant under the provisions of this
article or the failure to complete such work in a good safe and appropriate
manner. The acceptance of any permit under this article shall constitute
such agreement by the applicant, whether the same is expressed or
not.
[Amended 3-8-2007 by Ord. No. 1772]
F.
An applicant shall secure a certificate of insurance and have the
certificate properly executed by the applicant's insurance company.
A properly executed certificate of insurance shall be filed with the
Department and verify that the applicant is insured against all claims
for personal injury as well as against claims for property damages
which may arise from or out of the performance of, or failure to perform,
the excavation work and other work called for or arising out of the
application, whether such performance be by the applicant or anyone
directly or indirectly employed or authorized by him. Such insurance
shall include protection against liability arising from completed
operations, underground utility damage and collapse of any property.
Liability insurance for bodily injury shall be in an amount not less
than $300,000 for each person and $300,000 for each accident, and
for property damages in an amount not less than $100,000. Failure
of an applicant to file a certificate of insurance which shall name
the City and its agents and representatives as additional insureds
shall be sufficient reason for denying a permit. The applicant shall
save and hold harmless the City from any and all damages and liability
by reason of personal injury or property damage arising from work
done by the applicant under the provisions of this article. Liability
insurance requirements for blasting may be obtained, and blasting
permits shall be obtained from the City Fire Department.
[Amended 12-19-2002 by Ord. No. 1704; 3-8-2007 by Ord. No. 1772]
A.
All persons and entities, including public utility companies, desiring
to close or open a street, curb or sidewalk shall furnish a properly
executed corporate surety bond.
B.
All other persons, including contractors performing work for City
corporate authorities, desiring to close or open a street, curb or
sidewalk shall furnish a properly executed surety bond. Such bond
shall be executed by a reputable surety company licensed to do business
in the Commonwealth of Pennsylvania. All bonds obtained by contractors
performing work under contract with City corporate authorities shall
be countersigned by the director or chairman of the authority.
C.
The bond shall cover street, curb or sidewalk closing or opening work performed during two calendar years. The bond shall be in effect for a thirty-six-month period in accordance with § 310-69 of this article. The amount of surety bond shall be $20,000, unless any street excavation and restoration work for a single project exceeds such amount. In this case, a person shall secure the $20,000 and the dollar amount computed in accordance with the following schedule:
|
Pavement Structure
|
Amount of Bond per Square Yard
| |
|---|---|---|
|
Concrete foundation 10 inches or less in depth with any asphalt
surface
|
$25
| |
|
Concrete foundation 10 inches or greater in depth with any asphalt
surface
|
$30
| |
|
Cement concrete surfaces
|
$25
| |
|
Bituminous concrete surface with bituminous or stone base
|
$25
| |
|
Macadam, vitrified block or granite block on stone foundation
|
$8
|
D.
Mayor and Council may modify said schedule and/or increase said fees
from time to time by resolution.
A.
A permit fee, inspection fee and degradation fee for City streets,
curbs or sidewalks shall be paid to the City Treasurer prior to permit
issuance. The City shall have the right to waive fees for contractors
performing work under contract with the City.
B.
The permit fee shall be in the amount of $150.
[Amended 1-12-2006 by Ord. No. 1753; 1-11-2007 by Ord. No. 1767]
C.
The degradation fee and inspection fee to accompany the application,
as herein provided, are to be shown on Tables 1 and 2 (said Tables
1 and 2 are on file in City Hall), respectively, of this article.
The City Treasurer shall place collected degradation fees into the
City Highway Fund. Notes in accordance with Tables 1 and 2 are as
follows:
(1)
The degradation fee shall be waived for openings made on streets
maintained by PennDOT.
(2)
The number of square yards computed for the degradation fee and inspection
fee will be based on the actual size of excavation, disregarding any
pavement that must be removed to enable an overlap of the surface
course on the existing base course.
(3)
Sample computation appears with Table 1.
(4)
The permit and inspection fee for any street closing shall be paid
by the applicant or person or entity causing the street closing, in
the sum of $50 for each day or any portion of any day in which the
street is closed or use of the street is restricted to vehicle or
pedestrian travel; however, said fee shall not exceed the sum of $1,000
for any consecutive-thirty-days' period.
[Added 3-8-2007 by Ord. No. 1772]
In all cases where a permit has been issued and the work set
forth in such permit has not been completed, the amount not completed
shall be canceled, and the degradation fee, along with the inspection
fee paid for the incomplete work shall be refunded without interest
by the City Treasurer, upon warrant properly drawn. The permit fee
shall not be refunded upon permit cancellation.
A.
All street opening permits are subject to revocation at any time
by the City Administrator, after written notice, for:
(1)
Violation of any condition of the permit.
(2)
Violation of any provision of this article or any other applicable
ordinance or law relating to the work.
(3)
The existence of any condition or the doing of any act or failure
to perform any act constituting or creating a nuisance or endangering
the lives or property of others.
B.
Written notice of such violation shall be served upon the person
to whom the permit was granted or his agent or employee engaged in
the work. Such notice shall also contain a brief statement of the
reasons for revoking such permit. Notice may be given either by personal
delivery thereof to the person to be notified or by United States
Mail, addressed to such person to be notified.
C.
Upon revocation of the permits, the degradation and inspection fees
will be refunded to the permittee for that portion of the project
not completed.
If any permittee is unable to complete the street, curb or sidewalk
opening work on or before the date specified in the permit, the permittee
shall file a written application for an extension of time with the
City Administrator. The written application shall be in letter form
or on a form designated by the City and shall thoroughly explain the
reasons for the extension of time plus the additional length of time
required. A fee of $25 shall accompany the application. The fee shall
defray the costs of processing the filing of the application.
A.
The permittee shall be responsible for backfilling and paving and/or
finishing the opening and restoring the street, curb and/or sidewalk
to its original condition prior to the opening.
B.
The City Administrator, or his/her designated representative, shall
have the authority to establish standards for paving, finishing and
backfilling and associated procedures. Details specifying finishing,
paving and backfill procedures and materials shall be obtained from
the Department prior to any street opening work.
In case the work has not been completed before the date of expiration
as shown on the permits, which time shall be fixed when the permit
and/or time extension is granted, the Department may take steps to
finish/backfill the trench and replace the street, curb or sidewalk
surface over the opening for which the permit has been issued upon
notification from the Department to the applicant. The City shall
invoice the permittee for all costs incurred by the City in the performance
of this work. Payment not made within 30 days will be chargeable against
the posted bond, including all fees and costs involved in the collection
of this payment. This provision shall not be construed to limit the
ability of the City to otherwise collect said costs as otherwise permitted
by law.
A.
The permittee shall assume all responsibility for the excavation
made by such party for refilling the same and for all damages caused
by the action of the permittee that may arise by reason of the digging
of such trenches or excavations or other remedial work or repairs.
Whenever it is determined by the City Administrator that, in the best
interest of the City, it is necessary to assign additional inspectors
to supervise excavations, backfill or pavement restoration operations,
or other such remedial work of repairs, such inspectors shall be paid
by the permittee at a rate per day to be fixed by the Department.
B.
The Mayor and the Council of the City of Washington are authorized
to make such other rules and regulations for the excavation and opening
of streets, curbs or sidewalks which they deem necessary for the proper
maintenance of the street surface due to excavations, which rules
and regulations shall be printed upon the permit granted or forwarded
from the Department, in writing, from time to time.
A street, curb or sidewalk opening permit shall be obtained
for any test-hole work. No test holes shall be made in or upon a greater
surface of the highway or roadway than as specified in such permit,
and no excavation or test holes shall interfere with any water pipes,
sewers or drains of the City or any other underground utility service.
Test holes shall be repaired and backfilled in accordance with the
provisions set by the Department or the City Administrator.
A.
All gutters shall be left open so as not to obstruct the free passage
of water, and the sidewalks and footways must be kept in safe and
passable condition. All excavations or material from them shall have
placed upon them sufficient lights and barricades to identify them
from all directions during the day and after dark.
B.
If, for safety purposes, the City Administrator deems it necessary
to install additional warning devices such as lights, barricades or
signs, the permittee shall be notified of that decision and shall
receive instructions on the installation. In case of emergencies,
the City may install additional warning devices deemed necessary by
the Department. The City shall invoice the permittee for rental, installation
and other costs incurred from the date of installation until the permittee
installs warning devices.
C.
If the permittee fails to install such devices, the City shall invoice
the permittee for rental and installation costs incurred from the
date of installation until the date of removal. Payment not made by
the permittee within 30 days of the invoice date will be chargeable
against the posted bond, including all fees and costs involved in
the collection of this payment.
In no case shall a permittee open or remove a greater area of
street, curb or sidewalk surface than specified in the original application.
The permittee shall not open any street, curb or sidewalk area at
any location not specified in the original street, curb or sidewalk
opening permit. If the permittee determines during construction that
an additional area of the street, curb or sidewalk will have to be
opened, he shall notify and secure permission from the City Administrator
for the additional opening. Upon receipt of permission, the permittee
shall file a supplementary application for the work no later than
the next workday. Fee amounts specified in this article shall be followed
for any subsequent fees associated with supplementary applications.
The permittee shall guarantee and maintain his work for 36 months
from the completion of the restoration and replacement work. Within
the thirty-six-month period, upon notification from the City of necessary
correction work required, the permittee shall correct or cause to
be corrected all restoration work required within five working days
of the mailing date of the notification. The City Administrator shall
determine the extent of restoration required and method of correction.
Any and all work not completed within this five-day period may be
completed by the City, at the discretion of the City Administrator.
The City shall invoice the permittee for all costs incurred by the
City in performance of this work. Payment not made within 30 days
of the invoice date will be chargeable against the posted bond, including
all fees and costs involved in the collection of this payment.
A.
Any person violating any provision of this article shall, upon conviction
thereof, be fined not less than $300 nor more than $1,000 for each
and every offense, together with costs and, in default of payment
thereof, shall be imprisoned not more than 30 days. Each failure to
obtain a permit or to comply with any requirements of this article,
and each and every day during which such violation continues shall
constitute a separate offense.
B.
The City Administrator reserves the right to deny the issuance of
future street opening permits to any person who violates the provisions
of this article. This provision in no way shall prohibit or limit
the right of the City to bring legal action against the permittee.
