[HISTORY: Adopted by the City of Norwalk Common Council 5-10-1988; amended in
its entirety 5-22-2007. Subsequent amendments noted where applicable.]
In order to establish a uniform procedure for excavations and
encroachments in public streets and grounds, the following chapter
is hereby enacted.
A.
It shall be unlawful for any person to excavate or encroach or cause,
create, place or maintain any excavation or encroachment in, on, over
or under any street or any portion thereof for any purpose whatsoever
without having obtained a permit as herein required or in violation
of the provisions of this chapter or in violation of or in variance
from the terms of any such permit, all except as otherwise provided
or permitted by law.
B.
This section shall not apply to Department of Public Works daily
operations and maintenance of public streets and sidewalks; the short-term
use of a ladder for the immediate purpose of window washing or for
immediate inconsequential repair or use for a time not to exceed one
hour; the depositing of merchandise or other goods outside of the
traveled way preparatory to delivery, for a time not to exceed one
hour; or the use of appropriate barriers and warning devices by a
public utility company or taxing district performing emergency work
not involving an excavation; provided, however, that any such activity
shall be performed in a manner providing for the safety and least
inconvenience to the public, and provided that no sidewalk is thereby
reduced to less than 1/2 of its usable width.
[Amended 1-24-2017]
C.
No permit shall be issued for excavation, or work that will otherwise damage, streets and sidewalks that have been paved or otherwise reconstructed in the prior 24 months. Should an emergency condition arise, the correction of which will require such excavation or damage, the provisions of § 96-10, Emergency excavation and encroachment, shall apply and the express approval of the Director of Public Works shall be required. The Department of Public Works is authorized to issue a permit in less than 24 months in the event the Department, in its discretion, determines that not issuing such a permit would work a hardship to the applicant. Any denial of a request for hardship under this section may be appealed in writing within 30 days to the Public Works Committee of the Common Council and a copy of any such appeal shall be filed with the Director.
A.
The applicant for a permit shall be that person doing or performing
the actual excavating or encroaching work or activity.
B.
Application for such permit shall be made to the Director on a form
provided by the Department of Public Works, and such application shall
be complete in furnishing the information requested. Plans and specifications
shall be provided by the applicant in the format and detail as required
by the Director.
C.
The issuance of a permit does not excuse compliance with any other
applicable regulation, ordinance or law.
D.
In the event that additional work, encroachment or repairs not designated
in the original permit must be done in the same location, the permittee
shall make application to the Director for an extension of the permit,
authorizing such additional work, encroachment or repairs.
E.
Emergency excavation work requires a written permit as set forth in § 96-10, Emergency excavation and encroachment.
F.
Any person maintaining, making or causing or intending to maintain,
make or cause an encroachment or use of a street for purposes other
than traveling has the responsibility and obligation to determine
from the Director whether or not such encroachment or use requires
a permit under this chapter.
G.
Any person maintaining, making or causing to be maintained or made
any excavation or encroachment has the responsibility and obligation
to determine whether or not all or any part of such excavation or
encroachment is within any portion of a street. The determination
of the Director as to this matter shall be final.
A.
All permits and written authorizations shall be posted on the job
while the work or activity is in progress and must be displayed to
all authorized persons upon request.
B.
Work under an excavation permit must commence within 30 days of the
date of issuance of such permit, or such permit shall expire and terminate
at 12:00 midnight of the 30th day after the date of issuance. If work
under such permit has been commenced in a timely manner, all work
shall be completed in a manner satisfactory to the Director before
the expiration date shown on such permit. For good cause, a permittee
may request, in writing, an extension of time, and the Director, at
his discretion, may extend such permit date for an additional period
or periods.
C.
An encroachment permit is valid for a period of 14 days from the
date of issuance, unless a shorter period is designated thereon by
the Director. For good cause, upon request, the Director, at his discretion,
may renew such permit for an additional period not to exceed 14 additional
days and thereafter, upon request, may issue subsequent like renewals
for like periods. All encroachments shall be removed and the area
restored to its original condition with any improvements made thereto
prior to the expiration date of such permit or renewal(s).
The Director may issue permits for excavation in, on or under
any street and/or for permitting encroachments in, on, over or under
any street when, in his opinion, the following conditions are met:
A.
The use requested by the applicant will not unduly interfere with
needs for street purposes, will not cause needless damage to the street,
will not interfere with municipal operations, will not create a substantial
traffic or pedestrian hazard, will not create excessive disturbance
to traffic or pedestrians, will not unduly interfere with the safe
and free flow of traffic or pedestrians and will not create dangerous
conditions.
B.
Compliance can be obtained with all the provisions of this chapter,
all rules and regulations of the Director and all requirements as
to fees.
C.
A written agreement and acknowledgment in a form acceptable to the
Director is executed by the applicant or a representative of the applicant
duly authorized to do so, to the effect that:
(1)
In consideration of the permission given by the issuance of the permit,
the applicant covenants and agrees to comply with and be bound by
the terms of each permit, the provisions of this chapter and all rules
and regulations.
(2)
The work covered by the permit shall be subject to inspection and
restoration by the City, as set forth in this chapter.
(3)
Each permit is revocable in accordance with the provisions of this
chapter.
D.
If a driveway is involved in the permitted work, an additional written agreement and acknowledgment shall be required in a form acceptable to the Director and executed by the owner of the premises having such driveway that, as a condition of the City permitting such driveway to remain over, across or upon any part of the right-of-way, he or it covenants and agrees to comply with and be bound by the terms of Chapter 95, Streets and Sidewalks.
E.
The power to grant the permit is authorized by law.
F.
The Director deems that the permit or permits are warranted.
A.
Methods.
(1)
All excavations, including temporary and permanent work, within any
street shall be performed in accordance with the City of Norwalk Department
of Public Works Standard Specifications, as amended, or in a manner
as prescribed by the Director for circumstances not covered by the
Standard Specifications.
(2)
The permittee shall make every effort to keep the amount of pavement
damage to a minimum. The pavement damaged in the course of performing
the work shall be restored by the City at the expense of the permittee.
Backfilling of excavations shall be performed by the permittee so
that the least possible subsequent settling will occur and as soon
as practicable. Before backfilling, the permittee shall notify the
Director, allowing adequate time as determined by the Director for
inspection, particularly in the area of existing underground utilities.
If, after permanent pavement restoration, settlement occurs due to
failure of the backfill, the City shall again restore the damaged
areas at the expense of the permittee.
(3)
Immediately upon the completion of proper backfilling, the permittee
shall construct temporary pavement. All temporary pavement shall be
installed at a thickness of three inches. The surface of the temporary
pavement shall not extend above or lie below the surface of the adjacent
permanent pavement and shall be reasonably smooth. The permittee shall
be responsible for the proper placement and maintenance of the temporary
pavement and shall keep the temporary pavement level with the surface
of the surrounding permanent pavement and in proper repair and condition
until such time as the City completes the permanent pavement restoration.
(4)
In any case, upon notice from the Director, the permittee, at his
expense, shall immediately make such temporary repairs and take such
corrective and protective measures to the work as directed by the
Director.
B.
The Director shall establish a pavement restoration fee in accordance with the provisions of § 90-4, Approval of rates and fees, based on the following criteria: actual cost of pavement repair to the level required by the Standard Specifications, a surcharge of 15% for administration and inspection expenses and a damage factor relating to the condition of the existing pavement at the time of the excavation. The moneys collected shall be deposited in a special account and utilized to cover expenses incurred by the City for the restoration work caused by the issuance of permits under this chapter and for similar pavement repairs.
C.
Responsibilities of permittee.
(1)
It shall be the responsibility of the permittee to perform the necessary
restoration beyond the limits of the pavement, which shall include,
but not be limited to, restoration of lawns, shrubs, gardens, curbing,
sidewalks, fences, walls, etc.
(2)
Upon completion of the permanent repairs outside the limits of the
pavement, the permittee shall notify the Director, in writing, that
the permanent repair or replacement has been completed, setting forth
the date of completion. The permittee shall and has the duty and responsibility
to maintain the replacement area for a period of two years after completion.
In any case, upon notice from the Director within said two-year period,
the permittee, at his expense, shall immediately make such repair
or replacement and take such protective measures to the work as ordered
by the Director.
A.
No permit shall be issued under this chapter unless and until the
applicant has deposited with the Director a bond, in a form prescribed
by him, duly executed and acknowledged by the applicant as principal
and by a qualified surety satisfactory to the Director. Such bond
shall be in an amount determined by the Director adequate to protect
the City against loss in the event of the failure of the applicant
to do or complete the work or remove any encroachment as and when
required or make the repairs, restorations and cleanup as and when
required, but in no event less than $2,000. The amount of the bond
shall be established separately for each permit and shall remain in
effect for a period of two years after completion of all permanent
repairs carried out by the permittee. The bond shall run to the City
and shall be conditioned upon faithful and proper restoration; and
faithful and proper care, maintenance, repair or replacement of all
permanent repairs for a period of two years after completion of installation,
all in accordance with the terms of the permit and the provisions
of this chapter. For permits in which only pavement restoration is
required, the bond shall be in an amount determined by the Director
adequate to protect the City against loss in the event of the failure
of the applicant to do or maintain the temporary pavement until such
time as permanent repairs can be completed by the City, but in no
event less than $1,000. The amount of the bond shall be established
separately for each permit and shall remain in effect for a period
of one year from the date of completion of the temporary repair. The
Director shall notify the permittee, in writing, upon completion of
the permanent repair.
B.
An applicant or proposed applicant may deposit with the Director
a blanket performance, maintenance and payment bond in an amount determined
by the Director adequate to properly protect the City but not less
than the amount of $50,000. Said bond shall be in a form acceptable
to the Director and meet the requirements set forth above and shall
cover all permits issued to said applicant within a twelve-month period.
C.
The Director may accept, at his discretion, with the approval of
the Corporation Counsel, in lieu of said surety bond, an alternative
form of security meeting said requirements and providing good and
sufficient security to the City.
D.
A public utility or taxing district need not deposit a bond in those
instances where it shall have filed a timely statement of solvency
acceptable to the Secretary of State pursuant to the Connecticut General
Statutes, as amended or in a form, which is otherwise acceptable to
the Director.
A.
Before any permit shall be issued under this chapter or before any emergency work covered by § 96-10, Emergency excavation and encroachment, is performed, each applicant shall file with the Director a certificate of insurance and shall thereafter provide renewal certificates, as appropriate, executed by an insurance company satisfactory to the Corporation Counsel and in a form and to the dollar value limits acceptable to the Corporation Counsel and the Director, stating that the applicant carries the necessary insurance coverages.
B.
The City shall be named as an additional insured party.
C.
All required insurance coverage shall be maintained in full force
and effect for the periods required. A representation binding upon
the insurer shall be furnished to the Director that the insurance
coverage cannot be canceled or amended by the insurer less than 30
days after the Director has received written notice of cancellation
or amendment by certified or registered mail, along with a binding
representation that the insurer will notify the Director immediately
of any such cancellation or lapse in coverage.
D.
No insurance coverage required or furnished shall in any way relieve
the applicant or person performing excavation or encroachment work
of any of his or its responsibilities, obligations or liabilities
under this chapter or under any other applicable ordinances, laws
and regulations.
E.
An applicant may file blanket insurance with the Director in a form
and in amounts acceptable to the Director and the Corporation Counsel,
meeting the above requirements, to cover all permits issued said applicant
within a twelve-month period.
A.
The applicant agrees and is deemed to agree, as a condition of the
issuance of each permit, that he shall have complete responsibility
for:
(1)
Supervising all aspects of the excavation or encroachment work, activity,
intrusion or use; the protection thereof; and the prevention of injuries
to persons and damage to property, facilities and utilities on or
about the work, activity, intrusion or use.
(2)
Property maintaining in a good and safe condition, which may include
replacement as provided in this chapter, any and all temporary pavement
installed under the permit and preventing injuries to persons and
damage to property which might be caused by or arise out of the condition
of any such temporary pavement.
(3)
Promptly submitting to the Director any notice of and copies of all
claims or potential claims by third parties for property damage or
personal injury alleged to have resulted from the work.
(4)
Conducting all aspects of the work connected with the permit in a
safe and orderly manner. The permittee shall in no way be relieved
of the foregoing responsibilities by any permission or permit given
nor by any failure of the Director to give permission, permits, orders
or directives.
B.
The applicant further agrees and is deemed to agree, as a condition
of the issuance of a permit under this chapter, that he shall indemnify,
protect and hold harmless the City, its officers, agents and employees
from and against any and all liabilities, claims, demands, suits or
actions, including all costs and expenses of defense and otherwise,
including attorneys' fees, on account of bodily injury, sickness,
disease or death sustained by any person or persons or injury or damage
to or destruction of any property:
(1)
Directly or indirectly arising out of the work, activity, encroachment
or use or from any negligence or omission in guarding it or maintaining
it and its immediate area in a safe condition.
(2)
From any negligence or omission in failing to property maintain or
replace, as provided in this chapter, and keep in a good and safe
condition all temporary pavement installed in connection with the
permit, excluding therefrom injury or damages caused solely by or
arising solely out of ice or snow, whether or not such liabilities,
claims, demands, suits or actions are just, unjust, groundless, false
or fraudulent, excepting therefrom liability caused by or resulting
solely from the negligence of agents or employees of the City acting
in the discharge of their duties.
C.
The applicant shall assume and agrees to indemnify and reimburse
the City for all costs and expenses the City may incur in providing
for the protection of and the safe and convenient passage of the public
at the location of the excavation or encroachment should the applicant
fail to do so as required by the conditions of the permit or by this
chapter.
D.
The applicant shall assume and agrees to indemnify and reimburse
the City for all costs and expenses the City may incur in connection
with the issuance of the permit including, but not limited to, correcting
and bringing into compliance with the provisions of this chapter the
excavation and/or encroachment, the location and surrounding area
thereof and all temporary paving should the applicant fail to do so;
all costs and expenses incurred or arising out of any act or omission
of the applicant, his servant or agents in obstructing or damaging
any part of the City drainage or sewer system; and, upon revocation
of a permit as provided in this chapter, all costs and expenses incurred
in removing any encroachment or filling, repairing or resurfacing
any excavation and in restoring and cleaning up the site and surrounding
area to its original condition.
A.
Upon application of any public utility, taxing district or licensed
contractor acting on behalf of a property owner, the Director or his
designee may issue an emergency excavation permit to such utility,
taxing district or licensed contractor to perform emergency repair
work, such as broken gas or water mains or sewer laterals, within
any street.
(1)
Application for such emergency excavation permit shall be made to
the Director in the manner prescribed by him and shall include such
information as the Director may reasonably require.
(2)
Each such application shall contain an agreement that, in consideration for the issuance of an emergency excavation permit, the applicant acknowledges, covenants and agrees to comply with and to be bound by the terms of the permit, rules and regulations issued by the Director and all of the provisions of this chapter, including, but not limited to, § 96-9, Responsibilities, agreements and indemnification.
(4)
Within 24 hours of the commencement of any emergency repair work
under an emergency excavation permit, a public utility, taxing district
or licensed contractor shall give notice to the Director or his designee
giving all details, including, but not limited to, the reason, extent
and specific location thereof. The Department of Public Works will
maintain a log for the purpose of recording each such notice.
B.
Where an emergency exists which does not allow time for the submission of an application for an emergency excavation permit under this chapter and which emergency requires immediate repair to provide utility connections or requires an emergency excavation or encroachment for the preservation of life or property, any public utility, taxing district or licensed contractor acting on behalf of a property owner may be given verbal permission by the Director or his designee upon receipt of all details thereof, as required by this section. Such permission shall be given to the person who will actually perform the emergency work. Such person shall have on deposit with the Director or his designee the bond and insurance certificates required by §§ 96-7 and 96-8 prior to the performance of such emergency work. On the first working day after verbal permission has been granted to perform emergency work, such person shall submit to the Director or his designee a written application as required under this chapter. Subsequent permits may be refused to any such person if the Director or his designee determines an emergency did not exist and permission was requested upon inaccurate or bad-faith information.
C.
All work performed under emergency excavation permits shall comply
with the provisions of this chapter and with all rules and regulations
issued by the Department.
The Department shall have the authority to promulgate and cause
to be enforced rules and regulations and standards to enforce and
carry out the purpose and intent of this chapter, which shall take
effect no less than three days after posting at the Department of
Public Works offices.
In any case where the permittee does not timely and properly maintain or repair any temporary pavement as provided in § 96-6, Excavations and restoration, or does not timely and properly maintain, repair or replace, restore or reestablish any nonpaved area disturbed by the excavation work or take such protective measures with respect to any temporary pavement as required by the Director, the Director may perform said maintenance or make said repairs or replacements or take such protective measures. The cost thereof shall be charged to the permittee by the City, with a minimum charge of $100 per incident.
A.
The issuance of a permit does not obligate the Director or the City
to issue any further permit or extend the initial permit.
B.
After work is commenced, the permittee shall prosecute with diligence
and expedition all work and activities covered by a permit during
the times allowed and shall promptly complete such work and restore
the street to its original condition, or as near as may be, so as
not to obstruct or hinder public travel and use more than is necessary.
C.
When traffic conditions, the safety of the traveling public or the
public interest and welfare require that the work or activity be performed
quickly, the Director shall have power to order that a crew and adequate
facilities be employed by the permittee up to 24 hours a day, to the
end that such work or activity may be completed as soon as possible.
D.
When permitted work is to be accomplished or performed within an
area where, at any time during the permit period, the City is performing
work or has a contractor performing work, the permittee shall arrange
his work and shall place and dispose of materials so as not to interfere
with the operations of the City or its contractor. The permittee shall
coordinate his operations with those of the City or its contractor
and shall cooperate in every way possible to avoid interfering with
the City or its contractor. The permittee shall hold the City and
its contractor free and harmless of all costs or liability resulting
from delays, rescheduling, redesign or for whatever cause necessary
for him to comply with this requirement.
E.
Delays or costs incurred by the permittee as a result of any adjustment,
abandonment, redesign, rescheduling or redoing of permitted work or
activity so as to comply with a permit or the provisions of this chapter
shall be totally at the expense of the permittee.
A.
It shall be the duty of the permittee under this chapter to safeguard
the security of the general public, to protect the public from injury
or harm, to ensure that their rights are not unreasonably curtailed
and to place and maintain adequate and proper barriers, warning devices,
traffic cones and signs necessary for the safety of the general public.
Additional barriers, warning devices, traffic cones and signs shall
be placed and maintained by the permittee at the locations and in
the amounts ordered by the Director. Barriers, devices, lights, signs
and similar devices shall conform to City and State of Connecticut
requirements. From sunset to sunrise an adequate number of amber flashing
lights and reflective barricades shall be used, All such barriers,
lights, signs and devices shall be supplied by the permittee at his
own expense. Pedestrians shall be prevented from walking beneath any
ladder, staging, scaffolding or like encroachment unless overhead
protection is provided.
B.
The permittee shall advise the Director of its plans regarding excavation
prior to performing the initial excavation or any subsequent excavation
and will cooperate with the Director to ensure that excavation, construction,
filling and paving are performed in the least disruptive manner practicable.
C.
Unless specifically stated by the permit, only 1/2 of the traveled
way of a street may be excavated or encroached upon at one time, and
the same shall be properly restored for the safe passage of vehicular
and pedestrian traffic before the remaining half of the traveled way
of said street is excavated or encroached upon.
D.
Where an excavation or encroachment involves or affects a public
sidewalk, the adjacent street may not be excavated or encroached upon
concurrently. Where a sidewalk is excavated, encroached, blocked or
impeded by any such work, a temporary sidewalk shall be constructed
or provided which shall be safe for pedestrian travel and convenient
for users and which shall be barricaded and otherwise protected from
vehicular traffic. Where a portion of any street other than the sidewalk
is excavated or encroached, the sidewalk must be made safe and passable.
E.
The permittee shall take appropriate measures to assure that, during
the performance of the work, traffic and pedestrian conditions can
be maintained as near to normal as possible at all times so as to
minimize inconvenience to the occupants of adjoining property and
to the general public.
F.
When portions of the traveled way are made hazardous for the movement
of vehicles or pedestrians, a sufficient number of traffic control
persons shall be employed by the permittee to direct traffic safely
through the area. The Director in consultation with the Police Chief
shall approve the traffic control plan and, together, shall determine
whether traffic control persons or Norwalk police officers are necessary
to ensure the public’s safety, and shall further determine the
appropriate number of same; however, when the roadway(s) affected
are within a school zone or immediately adjacent to entrances or exits
of hospitals or fire departments, the Director shall first provide
Norwalk police officers with the opportunity to direct traffic safely
through the area. If it is determined that no police officers are
necessary or if the Police Department is unable to provide sufficient
police officers, the Director shall, in the alternative, determine
the appropriate number of traffic control persons necessary to ensure
the public’s safety. If such conditions exist at the close of
the working day, a police officer(s) and/or a sufficient number of
traffic control persons shall be employed and assigned by the permittee
to direct traffic at night per the direction of the Director. The
work shall be planned to avoid such conditions whenever possible.
[Amended 1-24-2017]
G.
The traveled way of any street shall not be closed without prior
approval of the Director. The period of time and all other conditions
specified in any such approval must be adhered to strictly. The proposed
detour route and relevant details must be submitted to and approved
by the Director prior to the closing of any street.
H.
Upon failure of the permittee to comply with the requirements of
this section or upon failure to immediately make all corrections,
changes, alterations or additions ordered by the Director as provided
herein for the safety and convenience of the general public, the Director
may take such measures as he deems necessary to bring the work or
activity into conformance with this section and with his directives,
and the cost thereof shall be charged to the permittee.
A.
If, at any time, a permittee violates any provision of this chapter
or other law or regulation relating to the excavation or encroachment
work being done or violates the terms of the permit and refuses or
neglects to correct the same, as required by the Director, or refuses
or neglects to continue the work or to furnish material, as required
by the Director, the Director may stop the work immediately. He may
direct the permittee to arrange for a change of workmen, materials
or methods. If the permittee refuses to comply with the instructions
of the Director, the Director shall revoke the permit and restore
the street to its original condition, and the permittee shall be liable
for all costs, direct and indirect, of this work.
B.
If, at any time, a permittee shall be indebted to the City for any
expense that the City may have incurred under the provisions of this
chapter due to or arising out of the noncompliance, failure or neglect
of the permittee, which indebtedness remains unpaid for a period of
seven days after demand made upon the permittee for payment of the
same, the Director may revoke the permit and restore the area to its
original condition, and the permittee, in addition, shall be liable
for all costs, direct and indirect, of said restoration work.
Any permit is revocable immediately upon written notification
to the permittee by the Director.
The Director may refuse to issue a permit or permission to any
person who, in the opinion of the Director:
A.
Executed or performed work illegally without a permit or proper permission
in the past.
B.
Executed or performed work improperly or illegally under a previously
issued permit or permission.
C.
Failed to faithfully and properly restore any part of a street as
required in this chapter.
D.
Failed to faithfully and properly care for, maintain, repair or replace
any permanent repair as required in this chapter.
E.
Violated any provision of this chapter and failed to immediately
correct the same after having been notified to do so by the Director.
F.
Is indebted to the City for any sums due under a previously issued
permit or has failed to reimburse the City for charges billed under
a previously issued permit or permission.
A.
An excavation or encroachment, as defined in Chapter 95, in, under, on or over any portion of a street without proper permit or permission as provided in this chapter shall constitute a public nuisance. The Director may perform such work and take such measures as he deems necessary to safeguard the public or to abate or remove such nuisance and properly restore the street. The person or persons making, causing or causing to be made said illegal excavation or encroachment shall be jointly and severally liable for the cost of such measures, and said amount may be recovered from said person or persons in a civil action by the City.
B.
Any temporary pavement installed under a permit and not properly
installed, maintained, replaced or kept in a good and safe condition,
as provided by this chapter, and any work or activity performed under
a permit and not properly protected and safe or not conducted in compliance
with the permit or this chapter shall constitute a public nuisance
created and maintained by the applicant.
The issuance of a permit does not give the permittee, his agents,
servants or employees the right to use any portion of the street as
a parking area for the benefit of the permittee, except as authorized
by the Director at his discretion. No equipment used in connection
with a permitted encroachment shall remain in the traveled way between
the hours of sunset and sunrise.
Upon request of a permittee, the Director may, at his discretion, issue written authorization to such permittee to use, occupy or block one or more metered parking spaces or a specific portion of a sidewalk if necessary to accommodate construction or demolition adjacent to such parking spaces or to such specific portion of a sidewalk. Receipt of an excavation or encroachment permit is a condition precedent to the issuance of such authorization. The permittee uses said space or spaces or portion of the sidewalk subject to all terms of such authorization, all terms of such permit and the provisions of this chapter to the same extent as if the parking space or spaces or portion of the sidewalk were included within the area covered by such permit. Unless revoked as provided in this chapter, such authorization shall be valid only for the period of time specified in the authorization or, if no such time period has been specified, then for a period of 14 days. The Director, at his discretion, may grant an extension or extensions of time to a date certain. The permittee shall restore the parking space or spaces or portion of the sidewalk to its or their original condition within the foregoing time period, unless otherwise directed by the Director. The Director shall establish a fee in accordance with the provisions of § 90-4, Approval of rates and fees, for the authorization to use metered parking spaces.
A.
The penalty provided herein is in addition to and not in lieu of
any requirements provided in this chapter for the payment of fees,
costs, expenses, etc.
B.
Any requirements provided in this chapter for the payment of fees,
costs, expenses, etc., or any other penalty shall not affect or be
deemed to limit any other remedy available to the City or any other
penalty provided by law.
C.
Any person violating any provision of this chapter shall be fined an amount established in accordance with the provisions of § 90-4, Approval of rates and fees. Each day's continuance of the violation shall be considered a separate offense.
D.
Any person who has failed to comply with the provisions of this chapter
requiring a permit prior to the commencement of excavations and encroachments
in public streets and grounds and who thereafter applies for a permit
shall be charged the corrective action permit application fee rather
than the standard permit application fee.
[Added 7-22-2014]
If any provision, clause or phrase of this Chapter 96 is adjudged by any court of competent jurisdiction to be invalid or if the applicability thereof to any persons or circumstances is held invalid, such judgment shall not invalidate the remainder, and the applicability thereof to other persons or circumstances shall not be affected thereby.
