[Amended 6-18-1996 by Ord. No. 1996-19]
Except as provided in this article and in emergencies, it shall be unlawful for any person to make any tunnel, opening or excavation of any kind in or under the surface of any street without first securing a permit from the City for each separate undertaking; provided, however, any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practicably have been obtained beforehand. Such person shall thereafter apply for a permit on the first regular business day on which the office of the City Engineer is open for business. Such permit shall be retroactive to the date when the work was begun if the City Engineer decrees an emergency to have existed on the date the work was initiated. Any person violating any provision of this section shall, upon conviction, be penalized by a fine of $300 for each violation.
[Amended 6-18-1996 by Ord. No. 1996-19]
It shall be the duty and responsibility of any applicant for a permit under this division to:
A. 
Make a written application for the permit required by this division with the City Engineer on such form as the City Engineer shall prescribe. No work shall commence until the City Engineer has approved the application and plan and issued a permit and until the permittee has paid and provided all fees, deposits, certificates and bonds required by this division.
B. 
Furnish in duplicate a written description or plan showing the work to be performed under such permit. If approved by the City Engineer, one copy of such plan shall be returned to the applicant at the time the permit is granted, with the City Engineer's approval thereon.
C. 
Agree to save the City and its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The acceptance of any permit under this division shall constitute such an agreement by the applicant, whether such agreement is expressed or not.
[Amended 6-18-1996 by Ord. No. 1996-19]
No person to whom a permit has been granted under the provisions of this division shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit; except that, in emergencies or upon approval by the City Engineer, additional work may be done under the provisions of the permit in any amount not greater than 10% of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned in this section.
Work for which a permit has been issued under the provisions of this division shall commence within 10 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits so terminated may be renewed upon the payment of an additional permit fee as originally required.
Permits required by the provisions of this division shall not be transferable from one person to another, and the work authorized thereby shall not be made in any place other than the location specifically designated in the permit.
[Amended 6-18-1996 by Ord. No. 1996-19]
Every permit issued under the provisions of this division shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the City Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the City Engineer such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
In no case shall any opening in or under the surface of any street made by a permittee be considered in the charge or care of the City or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power, when it is necessary to protect life and property.
[Amended 6-18-1996 by Ord. No. 1996-19]
It shall be the duty and responsibility of any person to whom a permit required by this division has been issued to:
A. 
Pay a permit fee as provided in § 66-320; provided, however, that public utilities or authorities may elect to be billed monthly for such fees as they accrue, except that a public utility shall not be required to pay such fee when the City opens any street and requests the utility company to check, repair or improve its service. In no case shall any permit fee be refunded.
B. 
Furnish a certificate of insurance as required by §§ 66-371 and 66-372.
C. 
Submit, when required by the City Engineer, a list of owners and tenants of all properties abutting the area where the work authorized by the permit is to be performed.
D. 
Present evidence that all materials, labor and equipment which are needed to complete such work as authorized by the permit are available.
E. 
Keep the original copy of the permit and an approved copy of the plan at all times while such work is in progress at the location for which the permit was granted and show such permit or plan upon demand to the City highway authorities or any police officer or keep such copy at the main office open to public inspection.
[Amended 6-18-1996 by Ord. No. 1996-19]
A. 
Any permit issued under this division may be revoked by the City Engineer, after notice to the permittee, for:
(1) 
Violation of any condition of the permit or of any provision of this article;
(2) 
Violation of any provision of any other applicable ordinances or law relating to the work;
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others. A permittee may be granted a period of three days, or such additional time as is reasonably required in the opinion of the City Engineer, from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before such permit is revoked.
B. 
Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail addressed to the person to be notified.
C. 
When any permit has been revoked for adequate cause and the work authorized by the permit has not been completed, the City Engineer shall do such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred by the City shall be recovered from the deposit or bond the permittee has made or filed with the City.
[Amended 9-27-1994 by Ord. No. 1994-20; 6-20-2000 by Ord. No. 2000-12]
All permits for street openings, including those for utility pole installations or relocations, shall be accompanied by an administrative fee as provided in Chapter A110, Fee Schedule, of the City Code, which shall cover the City's costs to process and file the permit. All permits for street openings, excluding those regulated by the Department of Public Utilities, shall be accompanied by a fee as provided in Chapter A110, Fee Schedule, of the City Code, which shall cover the City's costs to inspect all facets of the excavation and repair of the opening. Such payment shall be nonrefundable.
The fee required by this division may be either in the form of a certified, treasurer's or cashier's check or in lawful money of the United States.
[Amended 7-15-2008 by Ord. No. 2008-40]
No public utility or authority shall be required to pay the fee required by this division at the time of making application, but may be billed periodically for the fees by the Department of Community Maintenance.
[Amended 6-18-1996 by Ord. No. 1996-19]
The City Engineer is authorized to establish a schedule of charges for labor, materials and such other expenses as may be incurred by the City as a result of insufficient or inferior work done by a permittee. The schedule shall be open to public inspection in the office of the City Engineer upon demand.
[Amended 6-18-1996 by Ord. No. 1996-19]
The decision of the City Engineer as to the cost of any work done or repairs made by the City Engineer or under the direction of the City Engineer pursuant to the provisions of this article shall be final and conclusive as to such cost.
[Amended 6-18-1996 by Ord. No. 1996-19]
Upon completion of the work done under a permit issued under the provisions of this division, the project representative shall file a capsuled report of that work with the City Engineer. The capsule should include information pertaining to any unusual location of service lines encountered during the project, any incidences of ledge, swamp or clay, or any other condition which would have affected the use of a standard project procedure.
[Amended 6-18-1996 by Ord. No. 1996-19]
The capsulated reports of permit work shall be kept filed alphabetically by street and number according to the sites of the permit excavations, and these shall be available for public inspection in the City Engineer's office, Streets Division.
[Added 10-14-2014 by Ord. No. 2014-17]
No utility line extensions in City streets or subdivisions shall be allowed during the period running from December 15 through March 15 unless permission is granted by a majority vote of the City Council. For the purpose of this section, a "utility line extension" shall be defined as any addition or modification that results in an expansion of the existing utility line. This section shall not apply to connection of a new or existing home or building to an existing utility main or to repairs to fix a break in an existing main line or service connection.