(a) No person shall begin to construct, reconstruct, repair, alter, or
replace sidewalks or driveways or reconstruct, repair, alter, or replace
curbs and gutters on any public street or alley within the city without
first obtaining a construction permit from the building official as
provided by this article.
(b) No person shall begin to construct curbs and gutters or construct,
repair, alter, or grade any street or alley within the city without
first obtaining a street or alley use permit from the city engineer
as provided by this article, except that, those projects required
by chapter 38 of this code shall not require a permit.
(Ordinance 1466, sec. 1, adopted 10/8/1953; Ordinance 1798, sec. 1, adopted 11/22/1955; 1959 Code, sec. 28-20; 1983 Code, sec. 24-51; Ordinance 8568, sec. 6, adopted 3/8/1984)
An applicant for a permit hereunder shall file with the building
official or city engineer an application showing:
(1) Name and address of the owner, or agent in charge, of the property
abutting the proposed work area.
(2) Name and address of the party doing the work.
(3) Location of the work area.
(4) Attached plans showing details of the proposed alteration or construction,
and the proposed use of the public street or alley during the period
of construction.
(5) Estimated cost of the construction or alteration.
(6) Such other information as the building official or the city engineer
shall find reasonably necessary to the determination of whether or
not a permit should be issued hereunder.
(Ordinance 1466, sec. 1, adopted 10/8/1953; Ordinance 1798, sec. 2, adopted 11/22/1955; 1959 Code, sec. 28-21; 1983 Code, sec. 24-52; Ordinance 8568, sec. 7, adopted 3/8/1984)
(a) The person to whom a building permit is issued to do construction,
alteration, repair, or other work on private property which is adjacent
to a sidewalk, curb, gutter, and/or driveway or other work within
public right-of-way which is required to be constructed, reconstructed,
removed, or repaired as a condition to the issuance of a permit shall
provide the building official with evidence that the general contractor’s
bond required as provided in the building code of the city includes
coverage on all work required to be done on public right-of-way as
well as private property prior to issuance of the building permit
for any such construction.
(b) Work within the public right-of-way separate from construction on
adjacent private property:
(1) When construction, removal, or repair of sidewalks, curbs, gutters, driveways, streets, alleys, or other work within the public right-of-way is to be performed separate from construction on the adjacent private property, the applicant for a permit under section
36.04.051 shall, at the time of making application for the permit, provide the building official or city engineer a good and sufficient performance bond issued by a surety company authorized to do business as such in the state, in the penal sum equal to the total estimated cost of the proposed sidewalk, curb, gutter, street, or alley alteration or improvement, in favor of the city, conditioned that such construction shall be completed in accordance with the city’s standards and specifications. Such bond shall be approved by the city attorney prior to the issuance of a permit hereunder. In lieu of such performance bond, the applicant may deposit in cash with the building official or city engineer a sum equivalent to the estimated cost of the improvements or alteration to secure the completion of such construction in accordance with the city’s standards and specifications, said money to be returned to applicant upon proof of completion and acceptance. Provided, however, in the event such construction as herein contemplated is not completed in accordance with the city’s standards and specifications, said money deposited in lieu of bond shall be forfeited in favor of the city. In lieu of a performance bond or a cash deposit the applicant may file with the building official or the city engineer a letter of guaranteed credit on a form to be approved by the city attorney.
(2) Where the application for a permit is on the public right-of-way,
the building official or city engineer shall require that there be
filed with each application for a permit hereunder a certificate of
insurance for public liability and property damage issued by a solvent
insurance company or companies authorized to do business in this state,
evidencing that the city is adequately protected from any liability
or damages resulting by virtue of applicant’s construction pursuant
to such permit. The public liability and property damage insurance
required herein shall have a minimum limit of one hundred thousand
dollars ($100,000.00) property damage per occurrence and three hundred
thousand dollars ($300,000.00) bodily injury per occurrence.
(3) In addition to the performance bond and insurance required in subsections
(1) and
(2), the building official or city engineer shall be furnished an agreement, evidenced by execution of the application and acceptance of the permit issued hereunder, that applicant will indemnify and hold harmless the city, its officers, agents, servants, and employees from any and all claims, damages, suits, attorneys’ fees, causes of action, and judgments which may result in any manner from the construction or laying of any such improvements upon any public street or alley in the city.
(4) The building official or city engineer shall require an agreement
by the applicant, evidenced by execution of the application and acceptance
of the permit hereunder, that the applicant shall, during the period
of such construction and prior to the acceptance of such improvements
by the city, maintain such public street or alley in a safe condition
and issue all necessary instructions and take all precautions as may
be reasonably required to maintain such public streets or alleys in
a safe condition for all public use.
(Ordinance 1466, sec. 4, adopted 10/8/1953; Ordinance 1798, sec. 3, adopted 11/22/1955; 1959 Code, sec. 28-22; Ordinance 4371, sec. 1, adopted 6/30/1964; 1983 Code, sec. 24-53; Ordinance 8568, sec. 8, adopted 3/8/1984)
The building official or city engineer shall issue a permit
under this article when he finds:
(1) That the plans for the proposed operation are in conformity with the standards and specifications of the city for such work, and has paid such fees required by section
36.07.010 of this chapter for projects requiring a street or alley use permit.
(2) That the applicant has submitted a duly executed application, containing all of the information and data called for by section
36.04.052, including the proposal by the applicant, as part of such application, to indemnify the city against all loss, damages and liability as provided in subsection
(b)(3) of section
36.04.053, and to maintain the streets or alleys in safe condition and to issue instructions and take the precautions for public safety as provided in subsection
(b)(4) of section
36.04.053.
(3)
(A) That the performance bond, duly approved by the city attorney, or the cash deposit in lieu thereof, and the certificates of public liability and property damage insurance have been furnished to the building official for permits issued under section
36.04.051(a) all in accordance with the provisions of subsections
(b)(1) and
(b)(2), respectively, of section
36.04.053.
(B) That the performance bond, duly approved by the city attorney, or the cash deposit in lieu thereof or the letter of guaranteed credit, and the certificates of public liability and property damage insurance have been furnished to the city engineer for permits issued under section
36.04.051(b), all in accordance with the provisions of subsections
(b)(1) and
(b)(2), respectively, of section
36.04.053.
(4) That the operation will not unreasonably interfere with vehicular
and pedestrian traffic, the demand and necessity for parking spaces,
and the means of access to and from the property affected and adjacent
properties.
(5) That the health, welfare, and safety of the public will not be unreasonably
impaired.
(Ordinance 1466, sec. 1, adopted 10/8/1953; Ordinance 1798, sec. 4, adopted 11/22/1955; 1959 Code, sec. 28-23; 1983 Code, sec. 24-54; Ordinance 8568, sec. 9, adopted 3/8/1984)