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.
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.
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.
[Amended by Ord. No. 72-12, eff. 7-5-1972]
Any violation of either this article or chapter, as the case may be, shall be punishable as provided in §
1-17 of Chapter
1, entitled "General Provisions," of this Code.