[Adopted 1-14-1985 by Ord. No. 8-84
(Title 4, Ch. 2 of the 1980 Code)]
No person, firm or corporation shall cause or
make any construction or alteration of streets, sidewalks or curbing
or excavations or dig any ditch, trench, tunnel or hole in, along,
across or under any street, sidewalk, curbing or other public place
unless a written permit therefor has been issued by the City Manager.
All persons, firms or corporations desiring a permit in order to perform or do any construction or alterations as set forth in § 176-13 shall make written application to the City Manager. The application shall show the name and address of the applicant, the location, description and purpose of the proposed construction and such other information as required by the City Manager.
Fees for permits shall be as fixed from time
to time by the Council.
The City Manager shall satisfy himself or herself
that the applicant, or other person designated by the applicant to
perform the work, is qualified to execute the proposed work prior
to the issuance of a permit and that the proposed construction is
properly located and in compliance with City standards and specifications
and correctly located with reference to rights-of-way.
Any person, firm or corporation obtaining a permit as provided in §§ 176-13 and 176-14 agrees, as a condition of the issuance of the permit, to indemnify and hold harmless the City against any claims and expenses, including attorney's fees and court costs, for any claim for bodily injury or property damage for accidents or occurrences arising out of the person's operations.
The City Manager is authorized to require any applicant to furnish a surety bond to indemnify the City from all claims set forth in § 176-17.
When in the course of the construction or repair
work of any building, street or other fixture in the city, streets
and/or sidewalks and/or curbs become destroyed or otherwise broken,
cracked or moved, the person, persons, firm or corporation responsible
for the work shall also be responsible for the replacement or restoration
of any streets, sidewalks and curbs so damaged and shall replace or
restore the same according to the city's standard specifications.
It shall be unlawful for any person, firm or corporation who or which obtains a permit under § 176-13 of this article to do any excavation of any kind which may create or cause a dangerous condition in or near any street, alley, sidewalk or public place of the City without placing and maintaining proper guardrails and sufficient signal lights or other warnings at, in or around the work to warn the public of the excavation or work and to protect all persons using reasonable care from injuries on account of the same.
All excavations and work in the streets, sidewalks,
alleys or public places and curbing of the City shall be under the
supervision and control of the City Manager, whose duty it shall be
to cause the same to be inspected from time to time during the progress
thereof. Upon the completion thereof, the City Manager shall make
a final inspection and see that the street, sidewalk, curbing or public
place is restored to a condition as good in all respects as before
the excavation or work was made or done and that all debris, materials,
tools and equipment are removed therefrom.
[Added 5-9-2005 by Ord. No. 5-2005]
A.
The City, its agents and assigns, shall have the authority
to construct or repair the streets and sidewalks, drainage systems,
various utility systems, including the location or relocation of water,
sewer, electric, telephone and cable transmission lines, street and
sidewalk lights, landscaping, entrances from public and private property
to the streets and sidewalks, and to do all things necessary to accomplish
these acts.
B.
To carry out the construction and repairs outlined
in this section, the City, its employees, agents and assigns, shall
have the right of entry, for the purpose of accomplishing said work,
at all reasonable hours, upon any premises in the City which abuts
a City street or sidewalk, and, unless the City intends for the improvements
to permanently alter the premises, shall restore the affected property
to substantially the same condition it was in prior to the construction
of the improvements.
[Amended 8-9-1999 by Ord. No. 8-99]
Any violation of this article is declared to
be an infraction. The penalty for violation shall be $50 for each
initial offense and $100 for each day the violation continues.
