[Adopted 7-3-1968 as Ch. 44, Arts. IV and VI, of the 1968
Code]
All applications to the Department of Public
Works for permission or consent to perform any of the following acts
or works in or upon any public street or place within the city shall
be accompanied by a bond as hereinafter provided:
A.
Excavation for purpose of making sewer, water or gas
pipe connections therein.
B.
Construct and maintain an areaway under the sidewalk
or under any public street or place.
C.
Plant, trim, cut or remove any tree or part of any
tree.
D.
Use of a public street or place for any other purpose
if the Director of Public Works determines that such use might constitute
a hazard to the public.
A.
The bond with sufficient sureties shall contain an indemnification clause indemnifying the city against all loss, cost, damage or expense sustained or recovered on account of any negligence, omission or act of the applicant for a permit as provided in § 306-22 or any of his servants or agents, arising or resulting, directly or indirectly, by reason of such permit or consent, or of any excavation, construction, obstruction, cutting, removal or act done, made or permitted under authority of any such permit or consent.
B.
Any bond given under this article is subject to approval
by the Superintendent of Public Works as to sufficiency and by the
City Attorney as to form and manner of execution.
All consents or permits for the making of any
excavation, the construction or maintenance of any areaway, the planting,
trimming, cutting or removal of any tree, the placing of any obstruction
or the doing of any other act shall be given subject to the right
of the Director of Public Works to revoke the same at any time prior
to the expiration thereof, either absolutely or to continue the same
upon such terms and conditions as he deems advisable; and all bonds
given pursuant to the provisions of this article as a condition precedent
to the granting of any permit aforesaid shall contain a stipulation
to that effect.
In all cases where application is made to the
Department of Public Works for consent or permission to perform any
of the acts or works specified in this article, the penal sum of the
bond shall not be less than $5,000.
A.
Licensed plumbers, contractors and all persons or
firms or corporations engaged within the city in the telephone business,
gas and electric business, compressed air cleaning business or any
other business, the nature of which would require or result in frequent
applications for permits to make obstructions or excavations in the
streets and highways of the city, shall not, however, be required
to furnish a separate bond for each permit, as a condition precedent
to the granting of the same; but in all such cases a general bond
shall be given before the granting of any permit indemnifying the
city from any and all loss, cost or damage as aforesaid, resulting
or arising directly or indirectly at any time from any act done or
permitted in pursuance of any such permit or consent thereafter granted,
in the penal sum of not less than $5,000, and in the manner and form,
and to be approved as herein before provided.
B.
The Director of Public Works shall have the right
to require a new bond to be filed by any person, firm or corporation
engaged in any or either of the classes of business above specified,
whenever from time to time it shall deem a new bond necessary in order
to protect the interests of the city.
A.
Any person or corporation required to give a bond
under the provisions of this article may in lieu thereof, file written
evidence that there is in force and effect a liability insurance policy
issued by an insurance company authorized to do business in the State
of New York, indemnifying the city against the same loss or damage
which would be required to be covered by a bond if a bond had been
given. The certificate of insurance shall also contain a clause that
the insurance policy shall not be canceled except that at least 10
days' notice in writing shall be given to the Director of Public Works.
B.
Such insurance policy and evidence thereof shall be
in such form as shall meet the approval of the Director of Public
Works and the City Attorney. No such insurance policy in which the
liability of the insurance company thereunder is limited to an amount
less than $5,000 shall be accepted.
The provisions of §§ 306-20, 306-21, 306-22 and 306-23 of this article shall not apply to applications by owners or occupants for consents or permits for the placing of gravel for construction, repair or improvement purposes, or for the placing of ashes, refuse or other article in the streets temporarily and for such time, not exceeding one week, as shall be designated in such permit and along the sides of the driveways in such place or places in front of the premises occupied by the owner or applicant as shall be designated in the permit and so as not to obstruct the passage of pedestrians or vehicles, nor to the planting, trimming, cutting or removal of trees, if the Director of Public Works shall so determine; provided, however, that the applicant shall in all such cases accompany such application with an agreement in writing executed by him, with or without a surety or sureties, as the Director of Public Works may in his discretion require, indemnifying the city against any loss, cost or damage by reason of the granting of any such permit or the placing by the applicant of any such gravel, ashes or refuse aforesaid or the doing by him of any act in pursuance of such permit.
