As used in this division, all words shall have the common meaning of such word and the following terms shall have the meaning indicated below unless the context clearly indicates otherwise:
Building official or official.
The person, his staff or employees, or entity designated by the city or appointed to perform the duties and responsibilities set forth herein within the corporate limits of the city, or, if none has been appointed, the mayor.
Construction activity (sometimes referred to herein as “work”).
Includes, but is not limited to, the causing or carrying out of any manmade change in any property or facility through building, erecting, installing, bulkheading, filling, mining, dredging, clearing, paving, grading, excavating, boring, drilling, or the addition, removal or alteration of any facility or any improvement to property, including altering of the size of any facilities, or other similar work or activity, in, over, under, through, along or across the rights-of-way or streets within the city limits.
Contractor.
Includes, but is not limited to, the person possessing a permit, franchise or license agreement as required under this article and all persons actually performing, directing, monitoring, managing or overseeing any construction activity, work or other such similar activity in, over, under, through, along or across any streets or rights-of-way within the city limits.
Excavation.
Any manmade formation of a cavity, hole or hollow by way of any means of digging, plowing, quarrying, uncovering, blasting, scooping, drilling, dredging, bulldozing, relocating or making cuts, openings, borings or other action or processes to form a cavity, hole or hollow.
Facility/facilities.
Any plant, equipment and property, including, but not limited to, duct spaces, manholes, poles, towers, utility pipes, pipes, conduits, lines, wires, transmission media, underground and overhead passageways or other equipment, structures and appurtenances, which are located in, over, under, through, along or across the rights-of-way or streets.
Installation.
The addition, removal, repair or alteration of any facility located in, over, under, through, along or across the rights-of-way or streets.
Owner.
Any person(s) having financial interests in property or facilities located in, over, under, through, along or across streets and rights-of-way in the city, including the person directing the actions of any contractor, paying a contractor, or for whose benefit the actions of the contractor are undertaken.
Person.
An individual human, partnership, firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, association or corporation of any kind, including but not limited to any provider of any utility service or public service, as those terms are defined below.
Permanent structure.
Any facility located in, over, under, through, along or across the rights-of-way or streets within the city limits that occupies, affixes or otherwise is to remain in the same location for a period of time of more than thirty (30) days.
Public service.
Any business or commercial activity which is not included in the definition of “utility service” that requires the use of the public streets or rights-of-way for the location of any facility to provide services to persons or property situated within the city, including but not limited to cable television service and services using a transmission media, other than telephone, taxi service or solid waste collection.
Right-of-way.
The surface of, and the space above and below, any and all present and future public thoroughfares, public utility easements, public ways, public grounds, public waterways and, without limitation by the foregoing, any other public property within the corporate limits of the city.
Street.
The surface of, and the space above and below, any and all present and future public streets, avenues, highways, boulevards, drives, roads, bridges, alleys, lanes, viaducts and all other public roadways within the city limits and any highways, county roads or other public roadways for which the city has an agreement or contract to control, regulate or maintain.
Transmission media.
All cables, fibers, wires, tubes, pipes or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, video or data, or other purposes, which are physically located in the rights-of-way or streets.
Utility service.
Shall have its common meaning and shall specifically include, but not be limited to, electric, water, wastewater, gas and telephone service.
(Ordinance 2002-07-01-010, sec. 2, adopted 7/1/02; Ordinance adopting Code)
Any person who shall violate any of the provisions of this division, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits, shall be deemed guilty of a misdemeanor and shall be liable for a fine as provided in section 1.01.009. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ordinance 2002-07-01-010, sec. 12, adopted 7/1/02)
(a) 
The city shall have exclusive dominion, control and jurisdiction in, over, under, through, along and across the streets and rights-of-way within the city limits, and may provide for the improvement thereof by paving, repaving, raising, draining, or otherwise [providing for] the use thereof. The provisions, without limitations, of law providing for assessments against abutting property for street improvements are expressly adopted. Such exclusive dominion, control and jurisdiction in, over, under, through, along and across the streets and rights-of-way of the city shall also include, but not be limited to, the power to regulate, locate, remove or prohibit the location, installation, alteration or removal of any type of facility or other property in, over, under, through, along or across any streets or rights-of-way. The location, alteration or removal, including the route, of all facilities within the rights-of-way or streets shall be subject to the reasonable direction of the city.
(b) 
It shall be unlawful for any owner or contractor, including his or her agents, servants, independent contractors, or employees, to occupy or obstruct any portion of the right-of-way or streets or to perform any construction activity, or to cause another to do the same, for any purpose, in, over, under, through, along or across any street or right-of-way in the city without first having made all applications for permits and, when required, obtained all permits therefor, together with a bond, if required, approved by the building official, in such sum as shall be fixed by the building official, conditioned that the principal therein will discharge all claims of every character arising from or occasioned by such occupancy or construction activity or by reason of damages or injuries sustained by persons or property because of such occupancy, construction activity, excavation or other such activity thereon and discharge all judgments obtained, together with all costs attached thereto, against the city by reason of any such claim, injury or damage sustained. The contractor and owner carrying on any construction activity or excavation shall keep all streets and rights-of-way adjacent to such construction activity or excavation carried on by such contractor or owner in a clean, safe and orderly condition, and unobstructed, except as provided in this division, during all such activities, and shall restore all such streets, rights-of-way, facilities and other structures damaged, altered or injured, in any way, to as good condition as they were before the beginning of such activities.
(c) 
It shall be unlawful for any person to use or occupy any street or right-of-way in the city for the purpose of providing abutting, adjoining or other property with any utility service, or with any public service, without having first obtained a franchise or license issued and approved by the city council, except as specifically provided otherwise by state law.
(d) 
Construction activity, excavation, obstruction or other work shall cease immediately upon the issuance of a stop work order from the building official or from any authorized law enforcement agent of the city. It shall be unlawful to remove a stop work order placed upon a construction or work site until compliance with this division has been accomplished. No work so ordered to stop shall commence after issuance of the stop work order until the violation has been corrected and the building official in writing authorizes the contractor to begin again.
(e) 
It shall be unlawful and a violation of this division for any person, contractor or owner to maintain an existing excavation within the city or to work upon or assist in any way in the execution or operation of any such excavation, without an excavation permit having been issued by the authority of the city in accordance with this division.
(f) 
It shall be unlawful for the owner of any building or property abutting on any street or right-of-way in the city, or any tenant occupying such building or property, or any other person, to construct, build, operate or maintain any building, facility, or part thereof, including a show window, which extends over any part of any street or right-of-way in the city.
(g) 
It shall be unlawful to erect, remove, repair, install, build or alter, in any fashion whatsoever, any posts, poles, towers or other facilities that are erected for the purpose of bearing wires, cables or any other transmission media upon which such are placed or are to be placed, or to alter in any fashion any existing posts, poles, towers or other facilities that are used in connection with any telegraph, electric light, telephone, street railway, transmission media, radio or like purpose, and none shall be erected, placed, kept or maintained upon any street or right-of-way within the city, unless a written permit shall have first been obtained from the building official to erect, install, remove, repair, build or alter, in any fashion whatsoever, such posts, poles, towers or other such facility.
(Ordinance 2002-07-01-010, sec. 3, adopted 7/1/02; Ordinance adopting Code)
(a) 
Generally.
Any person considering any construction activity, installation of facilities, excavation, cutting, boring, digging or demolition activity in, over, under, through, along or across the streets or rights-of-way within the city limits, and who is not under a written contract, franchise, license or other express written agreement with the city, shall post a bond, make a cash deposit with the city, or provide other suitable forms of financial security as determined by the building official in an amount that approximates the projected costs of inspection, observation, labor, equipment, materials, and overhead associated with the permit work and the restoration, reconstruction and/or repair of the cut, work or excavation in compliance with the standards and requirements set forth in part III of this division, as estimated in writing and in advance of construction.
(b) 
Bond required.
A good and sufficient bond shall be filed with the application for the permit required by this division, executed by a bonding company, which bond shall be approved by the building official as to form and sufficiency and shall be in the sum as set forth in appendix A to this code. The bond shall be conditioned, among other things, that the contractor shall faithfully, at his or her own expense, furnish all proper materials, tools and appliances, and perform, execute, construct and complete all such work undertaken by such contractor, and observe and comply with the specifications, requirements and provisions of this division. The bond shall remain in effect at all times when excavation or construction activities are in good faith actually commenced or prosecuted.
(c) 
Maintenance provisions in bond.
(1) 
Every permittee issued a permit under this division shall be bound and obligated to construct all work, and use such materials in the construction thereof, so that the same shall be and remain for and during a period of not less than one (1) year from and after the date of completion in good, sound, smooth and serviceable condition and free from all cracks, breaks, disintegration, undue wear, scaling or departures from true line or grade, or other defects which might impair the permanence or usefulness of the work or construction activity or surrounding facilities, streets or rights-of-way; however, such cracks as may appear in expansion joints, or cuts between blocks, shall not be deemed to be defects unless in the opinion of the building official such cracks are excessive in opening or deflecting of the surface.
(2) 
Each such bond issued pursuant to this division shall continue in effect for and during the maintenance period of one (1) year following the completion of the work, construction activity or repair by the permittee, contractor, or owner as to any and all work, repair or construction commenced on the ground during one year after the completion of the repair and restoration by the permittee, contractor or owner directing, monitoring or benefiting from the cut, excavation or construction activity performed and for which the bond was given.
(3) 
Each bond issuer shall promptly adjust, pay and settle all legitimate claims for damages or injuries that may result by reason of carelessness or negligence in the manner of performing such work, construction activity or excavation or by reason of any defects therein caused or arising from careless, negligent or imperfect construction or repair thereof.
(4) 
Each bond issuer shall hold the city free and harmless from liability on all claims for damages that may result by reason of carelessness or negligence in the manner of performing such work, construction activity or excavation or by reason of any defects therein caused or arising from careless, negligent or imperfect construction or repair thereof, for a period of twelve (12) months from the date of the completion of the work.
(d) 
Withdrawal of surety on bond.
On written notice to the building official and the contractor, any surety on a bond issued pursuant to this division may withdraw from all liability thereon on account of any and all future work undertaken by the contractor and for which excavation or construction activity was not begun before the delivery of the notice. After receipt of such, the contractor shall not begin any new work unless and until the contractor shall provide and procure the approval of a new bond in the same manner as required for the first bond. No bond or surety may be withdrawn after the permitted work is commenced.
(e) 
Emergency conditions.
In the event emergency conditions warrant immediate response by an affected person, the building official may waive and/or modify normal standard procedures outlined herein and promulgate standards or requirements to expeditiously address the resolution of the emergency conditions; provided that, in any such event, the contractor shall obtain a permit for such work on the first business day of the city following performance of the work.
(f) 
Decision as to when work was begun.
In any question as to when any work was actually begun, the decision of the building official shall be conclusive on the contractor and the sureties on all such bonds.
(g) 
Liability of contractor and sureties for defective work.
A contractor whose work, construction activities or excavations are completed, or caused to by completed, by the city shall, on completion of such work and receipt of a certified bill of the cost thereof prepared by the mayor, pay to the city, on its order, the cost of the work. The sureties on the contractor’s bond shall be liable for all items and amounts listed in the certified bill of costs submitted to the contractor by the city.
(h) 
Liability of contractor and sureties for maintenance and repair work.
If any defects develop during the one-year guarantee period established by this division which, in the opinion of the building official, are due in any measure to defects of workmanship or material, such contractor shall remedy, repair or reconstruct such work, or any part thereof, as may be required by the building official, and such work shall be known as maintenance and repair work, and such sureties or contractor’s bond shall be fully liable for any default of such contractor under this section.
(Ordinance 2002-07-01-010, sec. 5, adopted 7/1/02; Ordinance adopting Code)
All city facilities and lands shall not be altered, obstructed or occupied without the express written permission of the city council. Facilities not owned by the city shall not be located closer than five feet laterally and five feet horizontally to any city-owned facility located underground without express written permission from the city council. Additionally, no facilities may be located in, over, under, through, along or across any parks, recreational land or other similar city-owned property, which is not a street or street right-of-way, without the express written permission of the city council.
(Ordinance 2002-07-01-010, sec. 6, adopted 7/1/02)
(a) 
Generally.
The contractor, owner and persons to whom permits are issued shall, during the period for which the permit is issued, and as provided in section 3.14.034, have all of the duties and responsibilities as identified in this division and other applicable ordinances of the city, and as provided for in state and federal law. The owner, and its agents, assigns, contractors and subcontractors installing the facilities, shall continually have the duties identified in this division for so long as facilities or property under the control of any such owners, and any subsequent owners thereof, are located in the rights-of-way or streets, to perform pursuant to the terms of this division.
(b) 
Duty to barricade and protect.
Every person to whom a permit is issued under this division shall have a duty to ensure each contractor and subcontractor, employee, agent or assign prosecutes such work diligently and in a good and workmanlike manner, and safeguard and protect the public on or using the street, right-of-way, or other places where the work is being performed from accidents, injury or damage by placing barriers, lights and other sufficient safeguards, including a watchman, if necessary, around all cuts, openings, excavations, installation sites and materials, implements and tools upon the premises used in connection with the construction activity, and shall conform to the provisions of this division and all requirements of the building official during the prosecution and completion of such activity.
(c) 
Supervision of work.
It shall be the duty of the person who shall cause to be made any hole, cut, trench, excavation, mound, embankment, installation or other obstruction in any street or right-of-way, and it shall likewise be the duty of the president and the superintendent or manager of any corporation that is the owner or contractor, to carefully guard or cause to be guarded such hole, trench, excavation, mound, embankment, installation or other obstruction while the same may exist and not to suffer the same to remain there beyond a time reasonably sufficient for the completion of the construction activity or removal of the obstruction, and to repair the portion of such street or right-of-way or any facility or property affected thereby so as to restore the same to its condition just previous to such activity.
(d) 
Duty to promptly repair.
It shall be the duty of the owner, the contractor and the permittee in whose behalf the hole, trench, mound, excavation, construction activity, installation or other obstruction or intrusion shall be made or has been made in the streets or rights-of-way of the city to protect the same while such condition exists and to promptly [repair] the same so as to leave the street or right-of-way in at least as good condition as before the work. All facilities, streets, sidewalks or other structures or property damaged, altered or injured in any fashion shall be restored with similar material and workmanship to that existing before the same was damaged, altered or injured through any actions of the owner, contractor or persons employed in any fashion thereby. All work shall be done to the satisfaction of the building official, whose duty it shall be to inspect the same after it has been done.
(e) 
Removal and reconstruction where work defective.
All construction activities undertaken in the streets and rights-of-way of the city are declared to be wholly subject to the exclusive control of the city, and whenever, in the opinion of the building official, any such work shall not have been duly completed within a reasonable time or shall have been executed in a defective manner, whether because of bad workmanship or material or because not true to lines or grades or specifications required therefor, then, upon written demand or notice from the building official, such contractor, or the owner of a permanent structure remaining therein, shall promptly remedy, complete or remove and reconstruct such incomplete or defective construction all as the building official may require, and these provisions shall also comprehend and apply to all repairs, installations and maintenance activities. If the contractor or owner shall fail or refuse so to do within a reasonable time to be specified in writing by the building official, then, if the building official shall so order, such work shall be completed, corrected or removed and wholly or partially reconstructed by the city, or its instance [sic], in such manner as in the opinion of the building official may be necessary to make such work as good as originally required, and such work may be done by contract or otherwise, under the provisions of this division and the direction of the building official.
(f) 
Excavations.
All excavations in the streets and rights-of-way are declared to be wholly subject to the exclusive control of the city, and whenever, in the opinion of the building official, any such work shall not be in compliance herewith, and the permit issued, and part III of this division, then, upon written demand or notice from the building official, such contractor shall promptly remedy, complete or fill the excavation, all as the building official may require. All excavations made into any street or right-of-way shall be repaired to the same condition such street, right-of-way or other property was prior to such excavation. Any excavation located in or over the rights-of-way or streets within the city limits shall and does constitute a nuisance when maintained or permitted to exist by any person in an unwholesome or nauseous condition, or in a manner by which stagnant water accumulates, or in a manner in which water collects where it is possible and probable mosquitoes will breed, or in a condition where rats could harbor, or in a manner and condition constituting a breeding place for flies, or in a manner and condition where filth, garbage, trash, debris or other discarded material accumulates and is deposited, or is maintained or permitted to exist in an unfenced, open condition, accessible to children or other members of the public, or is maintained and worked in such a manner as to disturb, affect or destroy the lateral support of or block or otherwise impede traffic on any street, alley, road or right-of-way, or that is maintained or permitted to exist in any condition which constitutes a possible and probable medium of transmission of disease to or between human beings, or to maintain or permit to exist any one or more of the above-enumerated conditions.
(g) 
Relocation of facilities.
All persons placing facilities in the rights-of-way or streets or owning, operating or maintaining facilities in, over, under, through, along and across the rights-of-way or streets of the city shall be responsible for the relocation and costs of relocation of such facilities when the public health or safety necessitates relocation or when such facilities are located therein without a permanent occupation permit, license or franchise as appropriate for the occupation.
(1) 
Permanent relocation.
Upon thirty (30) days’ written notice by the city, the owner of a facility shall begin relocation of its facilities within the rights-of-way or streets at the owner’s own expense when deemed essential by the city for the public’s health and safety or to permit the widening or straightening of streets, water or sewer projects or any other public works projects. The notice by the city shall specify the new location for the owner’s facilities along the rights-of-way or streets. The city shall have the right to move any facilities within the rights-of-way or streets to cure or otherwise address a public health or safety concern, to widen or straighten streets, water or sewer projects or other public works projects, or when no permit for occupation has been granted and the owner refuses to move the facilities. The city shall assess the reasonable costs and expenses of moving the facilities against the owner.
(2) 
Temporary relocation.
Upon thirty (30) days’ written notice by the city, the owner of a facility shall temporarily relocate any portion of its facilities within the rights-of-way or streets at the owner’s own expense when deemed essential by the city for the public’s health and safety or to permit construction activities of the city, or water or sewer projects, or any other public works project. The notice by the city shall specify the affected areas where the facilities are located and the area for temporary relocation of the owner’s facilities along the rights-of-way or streets. The city shall have the right to move any facilities within the rights-of-way or streets to cure or otherwise address a public health or safety concern, to widen or straighten streets, or for water or sewer projects or other public works projects or construction activities where the owner refuses to move the facilities. The city shall assess the reasonable costs and expenses of moving the facilities against the owner.
(3) 
Temporary removal of aerial wires.
The owner of aerial wires, on the request of any person, shall remove or raise or lower aerial wires within the city temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties, and the owner of the wires may require such payment in advance. The owner shall be given not less than five (5) business days’ advance notice to arrange for such temporary wire changes.
(h) 
Traffic interference.
The owner and contractor shall endeavor to minimize disruptions to the efficient use of the rights-of-way and streets by pedestrians and vehicular traffic, and the rights-of-way and streets shall not be blocked for a longer period than shall be reasonably necessary to execute all construction, maintenance and/or repair work. Prior to blocking any street or right-of-way, the owner and/or contractor shall obtain a permit as required herein.
(i) 
Maintenance of facilities.
The owner of any facility and person holding a certificate of occupancy, license or franchise shall be responsible for ensuring the continued maintenance, repairs, removal of any nuisances and other such upgrades or repairs to maintain such facility in a safe and good workmanlike condition. Any clearing of vegetative growth interfering with such facilities that is determined by the building official to be a nuisance shall be removed, cut or cleared at the sole cost and expense of the owner of the facility or holder of the certificate of occupancy, license or franchise. Threats that impose an immediate threat to the public health, safety or welfare that are an emergency condition that will not allow notice under this section may be immediately abated by the city and notice of the abatement and costs for the expenses incurred will be forwarded to the owner or holder of the certificate of occupation, franchise or license for reimbursement to the city as required in section 3.14.038.
(j) 
Tree trimming.
The owner of facilities located within the rights-of-way or streets shall not trim any trees upon or overhanging the rights-of-way without first obtaining a permit as provided herein. All activities and costs necessary to protect and preserve the facilities from damage due to trees shall be the responsibility of the owner of such facilities.
(k) 
Violations; notice; failure to abate.
(1) 
In the event the building official shall determine that a situation exists which immediately affects the health, safety and well-being of the general public and that immediate action is necessary, the building official may take such action as shall be necessary, including issuing citations for violations of the terms and provisions hereof to the owner or contractor committing such violation, as may be deemed appropriate and necessary.
(2) 
In the event the building official determines a situation constitutes an immediate threat to the public health, safety and welfare, and the owner or contractor is absent or fails to immediately remedy the violation, the city council may, at a regular session or at an emergency session called for the purpose of considering the issue, upon evidence heard, determine that an emergency exists and order such action as may be required to protect the public health, safety and welfare, including ordering repair or abatement of the nuisance. In such event, the city may also prosecute an action in any court of competent jurisdiction to recover its costs.
(3) 
In the event any owner or contractor shall fail or refuse to remedy any of the conditions or violations indicated by the building official within ten (10) days after notice is sent, the city may do such work or cause the same to be done, and pay therefor, and charge the expenses in doing or having such work done or improvements made to the owners of the facility or contractors performing such construction activities, whereupon such charge shall be a personal liability of such person to the city.
(4) 
Such notice may be in writing, served upon such owner and/or contractor in person by an officer or employee of the city, or may be by letter addressed to such owner or contractor at their post office address, or, if personal service may not be had, or the owner’s and contractor’s address be not known, then notice may be given by publishing a brief summary of such order at least once in the official newspaper of the city, by posting a notice on or near the site or location of each facility or property upon which the violation relates, or by posting notice on a placard attached to a stake driven into the ground on the property or facility to which the violation relates and addressed “Facility Improvements,” “To Whom It May Concern,” and such publication shall be deemed sufficient notice.
(5) 
In the event any owner is mailed a notice in accordance with subsection (4) and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
(6) 
Notices provided by mail or by posting as set forth in subsection (4) may provide for year-round abatement of the nuisance and inform the owner that, should the owner commit any other violation of the same kind that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may abate the violation at the owner’s expense and assess the costs against the property.
(7) 
Appeals from a decision of the building official identifying a violation or nuisance shall be filed within five (5) days after the notice to abate a nuisance or notice of a violation of this division, in writing, to the city secretary. The procedures for appeal shall otherwise be the same as required in section 3.14.078 herein.
(l) 
Emergencies.
In the case of fire, disaster, or other emergencies threatening life or property, as determined by the city, the city may remove or repair only the part of the facility required to be removed or repaired to remove such threat; provided, however, the city shall first use its reasonable efforts to notify the owner of such threat and allow the owner to remove or repair the part of the facility required to be removed or repaired to remove such threat. In such event, neither the city, nor any agent, contractor or employee thereof, shall be liable to the owner or its customers or third parties for any damages caused them or the facility, such as for or in connection with protecting, breaking through, moving, removing, altering, tearing down, or relocating any part of the facility.
(Ordinance 2002-07-01-010, sec. 7, adopted 7/1/02; Ordinance adopting Code)
(a) 
Right of entry.
For the purposes of administering and enforcing this division, employees of the city building inspection department and authorized law enforcement entities (herein “inspecting official”) shall have the right to enter into and upon any lands within the city limits in or upon which excavation, installation, repairs or any other construction activities exist, or on any lands on which operations are being conducted in creating an excavation, repair or installation, to examine and inspect such lands and excavations, repairs or installations, to determine whether such operations are in violation of this division and to further determine whether all permits have been secured as required.
(b) 
Stop work order.
If the inspection provided for above reveals that the excavation, installation, repair or construction activity is being operated or maintained in violation of the permit issued, including a certificate of occupation, the inspecting official may immediately give notice in writing to the person in charge at the site to stop all work or construction activities, or the owner thereof, setting forth therein the reason for the issuance of the stop work order. If no such person is available, the leaving of such a written notice on the equipment located at the site, or upon a stake at the entry of the site where the excavation, installation, repair or construction activity is occurring, shall be deemed compliance with this section.
(c) 
Time limit for correction of violation.
After issuance of the notice as provided for above, there shall be no further operation of the excavation, installation, repair or any other construction activity until the violations complained of by the inspecting official have been remedied. The contractor shall have three (3) days from the date of receipt of the complaint notice from the inspecting official to remedy the violations complained of and to request inspection by the official to verify that the violations complained of have been remedied and that the construction activity is ready for additional inspection.
(d) 
Failure to remedy violation.
In the event a contractor or owner fails to remedy the violation complained of as provided, the building official shall notify the city council of the violations discovered and request that a hearing be set for a revocation of the contractor’s and owner’s permit as provided in section 3.14.080 herein. A continuation of work or operation of the construction activity, other than to remedy the violation complained of, after written notice has been received by the contractor or owner to cease the construction activity shall constitute a violation of this division.
(e) 
Right of city to repair or correct.
The city may immediately repair any sites or locations within the streets or rights-of-way where there exist conditions which constitute a nuisance or are otherwise dangerous or hazardous and create a imminent threat to the public health or safety; when the contractor or owner is performing construction activities, excavations, installations or repairs without the appropriate permit; or when the contractor or owner is performing construction activities, excavations, installations or repairs contrary to the terms of this division, other applicable city ordinances, or state or federal law and refuses to correct such situation immediately upon direction from the building official or where such threat is imminent.
(Ordinance 2002-07-01-010, sec. 8, adopted 7/1/02; Ordinance adopting Code)
The reasonable costs and expenses for repairing, reconstructing or correction of any construction activity, excavation, addition, removal or alteration of a facility or any other alteration thereof to any street, right-of-way, or facilities located thereon, within the city, without a permit or express written contract or written agreement with the city, shall be charged against the persons, corporation, company, or entity actually responsible for the actions, the owner(s) responsible for directing another or for whose benefit such activity was undertaken which caused the damage to the street or right-of-way, and/or the permittee in whose name the permit to perform such activities was issued.
(Ordinance 2002-07-01-010, sec. 9, adopted 7/1/02)
Nothing in this division grants permission for the occupation, obstruction, excavation, repair or alteration of any street or right-of-way of the city, and any such use shall be subject to consent of the city at its sole discretion. Additionally, nothing in this division shall be construed as an assumption by the city, or its officers and employees, of any responsibility to supervise construction activities, to ensure adequate safety precautions by contractors or to protect any owners or customers of any facilities located in, over, under, through, along or across the rights-of-way or streets, or the owners of any property abutting, adjacent or within the rights-of-way or streets, from any damages caused to the facilities located therein or as the result of the construction activities thereto. Further, the city reserves the right to vacate any street or right-of-way at its sole discretion. If the city vacates or otherwise abandons a right-of-way or street or any portion thereof, the city, with or without notice to any permittee, may cancel any permits for such portion of a right-of-way or street without compensation or reimbursement to the permittee for any expenses associated with moving any facilities located therein, unless otherwise agreed in writing.
(Ordinance 2002-07-01-010, sec. 10, adopted 7/1/02)
(a) 
The civil and criminal provisions of this division shall be enforced by those persons or agencies designated by municipal authority and may be enforced by any law enforcement agent of the city.
(b) 
If applicable, default and revocation of any and all permits granted to allow construction activities in the streets or rights-of-way, subject to the procedural guidelines herein and any agreement which applies to the right-of-way user, may be permanently enforced subject to any limitations imposed by federal or state law.
(c) 
In imposing the penalties and the amount, the city may weigh all applicable factors, such as damages caused by the violation, reasons for the violation, the seriousness of the violation, and all other factors.
(d) 
Monetary civil penalties and injunctive relief may be imposed in the manner prescribed by either local or state law.
(e) 
In addition, the city council may order specific performance of any actions required by this division or required by a franchise, license or permit or any other agreement or authorization.
(Ordinance 2002-07-01-010, sec. 11, adopted 7/1/02)
Upon the request of the city council, the city attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this division, or to obtain declaratory judgment, and to seek and recover court costs and attorney fees, and/or to recover damages or costs incurred in an amount sufficient for the city to undertake any construction, repair, alteration or other activity necessary to bring about compliance with a requirement regarding the streets or rights-of-way and established pursuant to this division and other applicable ordinances of the city.
(Ordinance 2002-07-01-010, sec. 13, adopted 7/1/02)
Owners and contractors shall indemnify, defend, and hold the city and its officers and employees harmless from and against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney’s fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of any agent, officer, director, representative, employee, affiliate, or subcontractor of a permittee installing, repairing, or maintaining facilities in the rights-of-way or streets.
(Ordinance 2002-07-01-010, sec. 14, adopted 7/1/02)
Nothing in this division shall be deemed to waive, modify or amend any legal defense available at law or in equity to either the city or its officers and employees or to create any legal rights or claims on behalf of any third party. This division is solely for the benefit of the city and public services and utility services and does not create or grant rights, contractual or otherwise, to any other person or entity. Neither the city, nor its officers and employees, waives, modifies or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the state.
(Ordinance 2002-07-01-010, sec. 15, adopted 7/1/02)