Any person, firm, or corporation constructing, reconstructing, repairing, or realigning any such sidewalk, driveway, or curbing as provided in this division without first obtaining a permit therefor as herein required, or who shall construct, reconstruct, repair, or realign any sidewalk, driveway, or curbing on any street within the corporate limits of the city whereon a paving grade has been established on any other line and grade than that given by the city engineer or city manager, or who shall violate any other provisions of this division, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code.
(1977 Code, sec. 14-9; 2004 Code, sec. 3.512)
It shall be unlawful for any person, firm, or corporation to construct, reconstruct, repair, or realign any sidewalk, driveway, or curbing on any street within the corporate limits of the city whereon a paving grade has been established without complying with the provisions of this division.
(1977 Code, sec. 14-1; 2004 Code, sec. 3.501)
No person, business firm, corporation or other entity shall dig into, burrow under or otherwise disturb any portion of a public street or alley within the limits of the city without having a valid “street construction permit” therefor.
(1977 Code, sec. 14-2; 2004 Code, sec. 3.502)
A “street construction permit” shall be a permit issued by the city manager, which shall authorize the specific work to be performed under or upon the public street or alley within the city. Said permit shall be effective for a period of ninety (90) days from the date of its issuance, and after the expiration of said ninety (90) day period said permit shall be null and void and of no further force and effect. Any work performed on or under a public street or alley after the expiration of the permit authorizing same shall be treated as having been performed without a street construction permit.
(1977 Code, sec. 14-3a; 2004 Code, sec. 3.503)
(a) 
The procedure for the application for and issuance of a street construction permit shall be as follows:
(1) 
All applications for a street construction permit shall be made in writing, addressed to the city manager, and shall state specifically:
(A) 
The nature of the proposed construction;
(B) 
The location of the proposed construction;
(C) 
The purpose of the proposed construction; and
(D) 
The estimated date of beginning and completion of the proposed construction.
(2) 
Upon receipt of a proper application for a street construction permit, the city manager shall:
(A) 
Review the proposed construction and estimate the cost of restoring the street or alley to be disturbed by said construction to its original condition; and
(B) 
Inform the applicant of said proposed cost of restoration.
(b) 
If, within ten (10) days from the date the city manager shall notify the applicant of those matters set forth in subsection (a)(2) above, the applicant shall deposit with the city a sum equal to one hundred twenty-five percent (125%) of the proposed cost of restoration of the street or alley, as specified in subsection (a)(2) above (hereinafter called the “restoration deposit”), then upon such contingency, the city manager shall issue to the applicant a street construction permit, covering the proposed construction.
(1977 Code, sec. 14-3b; 2004 Code, sec. 3.504)
Upon completion of the construction covered by a street construction permit, the city shall promptly restore the street or alley disturbed by said construction to its original condition. All of the actual costs of said restoration shall be paid from that restoration deposit described in section 3.06.035, with any excess to be promptly returned to the applicant. In the event that the restoration deposit shall be insufficient to pay costs of restoration, then, upon that contingency, the applicant shall, within ten (10) days from the date of its receipt of written notice of same from the city manager, pay to the city that sum by which the restoration deposit was insufficient to pay said actual costs of restoration.
(1977 Code, sec. 14-3c; 2004 Code, sec. 3.505)
Any violations of the provisions of this division shall be unlawful acts and offenses, and any person, business firm, corporation or other entity who shall commit such an unlawful act or offense shall be deemed guilty of a misdemeanor and shall, on conviction thereof, be fined in a sum in accordance with the general penalty provision set forth in section 1.01.009 of this code for each such offense. Each day of violation of the provisions of this division shall constitute a separate offense hereunder.
(1977 Code, sec. 14-3d; 2004 Code, sec. 3.506)
A fee shall be paid before a permit can be secured under the provisions of this division, which shall partially cover the city for making the necessary surveys and drawing and setting the line and grade stakes and performing the inspection of work and materials. The minimum fee for such permit shall be $1.00 where the work to be done or performed is not over 100 lineal feet in length; provided that, in the event the work to be done or performed is more than 100 lineal feet in length, there shall be an additional fee for such permit of $0.10 per lineal foot in excess of the first 100 lineal feet.
(1977 Code, sec. 14-8; 2004 Code, sec. 3.511)
It shall be and is hereby made the duty of the owner or owners or any lot, lots, or any real estate of any kind within the corporate limits of the city situated on any street upon which a paving grade has been established, and in front of and along which a sidewalk, driveway, or curbing is to be constructed, reconstructed, repaired, or realigned, to conform such sidewalk, driveway, or curbing to the established grade, as directed by the city engineer or city manager, by cutting down or filling up the same as may be necessary to so conform to the established paving grade, and such owner or owners shall pay all costs and expenses of the same.
(1977 Code, sec. 14-4; 2004 Code, sec. 3.507)
Any person, firm, or corporation constructing, reconstructing, repairing, or realigning any sidewalk, driveway, or curbing shall, during the time such work of construction, reconstruction, repairing, or realigning is going on, keep all gutters open so as not to interfere with the drainage of the same, and shall remove from the work, or from, in, or about the work, upon completion of the same, all building material or other accumulations of debris that may exist in and around the sidewalk, driveway, or curbing by reason of the construction, reconstruction, repair, or realignment of the same.
(1977 Code, sec. 14-5; 2004 Code, sec. 3.508)
The city hereby expressly reserves the right, when putting down a permanent street pavement either by original construction or reconstruction, to change or alter the lines and grades of such street when in the opinion of the city council such change is necessary for the pavement or drainage of such street, and without liability on the part of the city by reason of such change. In the event that a sidewalk, driveway, or curb changed is not in good condition and does, in the opinion of the city council, require reconstruction, the owner thereof shall be given notice to remove the curbing or break the sidewalk or driveway back to a point fixed by the city engineer, and to remove the broken portion and reconstruct said portion to the line and grade determined by the city engineer at the cost of the abutting owner. In the event the owner shall fail to or refuse to obey the order of the city council, he shall be subject to all the penalties of this division, and the city council shall have the right to have the breaking and reconstruction of the grade of the sidewalk, driveway, or curbing done by the paving contractor or other person at the expense of the abutting owner.
(1977 Code, sec. 14-6; 2004 Code, sec. 3.509)
In the construction, reconstruction, repairing, or realigning of any sidewalk, driveway, or curbing, as provided in the division, cement or concrete shall be the only material used.
(1977 Code, sec. 14-7; 2004 Code, sec. 3.510)