(a) 
Compliance.
A person commits an offense if the person places or causes to be placed any facilities within the right-of-way in any other manner than specified in this division.
(b) 
Permit required.
A person shall obtain an excavation permit prior to performing any excavation, construction, relocation, removal, installation, repair, or maintenance of facilities within the right-of-way. An excavation permit is required for new construction and replacement or upgrading of a utility provider’s network in the right-of-way, either aerial or underground.
(c) 
Exceptions.
The following work undertaken by a person does not require an excavation permit:
(1) 
Work that is incidental in nature;
(2) 
Work required by emergency conditions, if the registration holder complies with subsection (d) hereof;
(3) 
Work that obstructs the flow of vehicular traffic on a street, alley, or sidewalk for less than four hours, if the person has complied with the following requirements:
(A) 
The registration holder has submitted a traffic-control plan to the city manager in a form approved by the city manager;
(B) 
The city manager has approved the traffic-control plan;
(C) 
The work is performed in compliance with the traffic-control plan; and
(D) 
Unless the work is performed under emergency conditions, the person has given the city manager four hours’ written notice of the proposed work;
(4) 
Work performed to initiate service to an individual customer’s property, as long as the requirements of subsection (3) are met, if applicable; or
(5) 
Work performed by a contractor on behalf of the city.
(d) 
Emergency work.
When performing work required by emergency conditions, the registration holder shall notify the city manager as promptly as possible. An after-hours number for the city manager will be provided to the registration holder in case emergency conditions occur after normal business hours. The city manager shall determine if any city employee shall be required to be present for on-site inspection during emergency repairs. A registration holder who performs the emergency work shall submit to the city, as soon as practicable, a reasonably detailed description of the work performed in the right-of-way and an updated map of the facilities that were relocated, if any.
(e) 
Fees.
In addition to the registration and annual fees required by section 3.10.077 of this division, applicants for an excavation fee [permit], other than utilities exempt from fees for use of right-of-way because of franchise terms or state or federal law, shall pay the following fees:
(1) 
Application fee: $500.00, due with the application.
(2) 
Inspection fee: 4% of construction costs of that portion of the project located within the public right-of-way.
(Ordinance 422-2007, sec. 10, adopted 4/17/07)
(a) 
The person requesting an excavation permit will provide the city manager or designee with documentation relating to the proposed construction as specified by the city manager.
(b) 
A statement [shall be submitted] by the applicant that the applicant has collected all available plans for existing city underground facilities and other public and private utilities and has included those facilities and utilities in the applicant’s design, showing no apparent conflict. The statement must also affirm that the applicant will perform field verifications as necessary during construction to locate all city and other existing underground facilities.
(c) 
An applicant shall submit an application for an excavation permit at least 10 working days before the commencement of work proposed in the application, unless waived by the city manager. If the applicant requests a permit for a major project, an applicant shall submit the application for an excavation permit at least 30 working days before the commencement of work proposed in the application.
(d) 
The city manager may require a preconstruction meeting with the permit holder and its construction contractor.
(Ordinance 422-2007, sec. 11, adopted 4/17/07)
(a) 
The excavation permit application shall be completed and signed by an authorized representative of the owner of the facilities to be constructed.
(b) 
The city manager shall review the application and shall issue a permit if the applicant is otherwise in compliance with the provisions of this division.
(c) 
The city manager may refuse to issue a permit if:
(1) 
The proposed construction will substantially interfere with another activity for which a permit has been issued, or will conflict or interfere with existing facilities already in the right-of-way;
(2) 
The applicant:
(A) 
Failed to furnish all the information required by this division;
(B) 
Knowingly or intentionally furnished false or incorrect information to the city manager;
(C) 
Failed to file the application on the approved form within the time limits prescribed by this section;
(D) 
Failed to submit plans of record;
(E) 
Failed to furnish or have on file with the city manager the insurance required by this division;
(F) 
Is not in compliance with applicable requirements of an existing permit issued under this division;
(G) 
Has failed to reimburse the city for any costs owed pursuant to this division; or
(H) 
Was convicted of violating a provision of this division twice within the two-year period immediately preceding the date of application.
(d) 
The excavation permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other condition set out by the city manager.
(e) 
The permit holder shall:
(1) 
Maintain a copy of the excavation permit and approved engineering plans at the construction site available for inspection by the city manager at all times when construction or installation work is occurring;
(2) 
Complete all construction work authorized by the permit in the time specified in the permit, unless the permit holder has obtained an extension from the city manager; and
(3) 
Provide the city manager access to the work and to such further information he or she may reasonably require to ensure compliance with the permit.
(f) 
The permit shall expire if the work authorized by the permit does not commence within 30 days from the date of issuance of the permit. The city manager may authorize renewal of the permit for two additional 30-day periods without resubmission of an application so long as the scope of work is not changed.
(Ordinance 422-2007, sec. 12, adopted 4/17/07)
The city manager shall revoke an excavation permit if the director determines that the permit holder has:
(1) 
Given false or inaccurate information on the application for an excavation permit or in a hearing concerning the permit; or
(2) 
Violated the provisions of this division.
(Ordinance 422-2007, sec. 13, adopted 4/17/07)
If the city manager denies or revokes an excavation permit, the city shall give notice by personal service or by certified mail, return receipt requested, to the applicant or permit holder. The applicant or registration holder may appeal the decision to deny or revoke by filing written notice with the city secretary, within five days after receipt of notice. The city secretary shall mail, or cause to be personally delivered, written notice of the time and place of the hearing to the person appealing. The notice shall be mailed to the address specified in the notice of appeal form. The city council shall conduct a hearing and shall make a decision on the basis of a preponderance of the evidence presented at the hearing. The decision of the city council shall be final.
(Ordinance 422-2007, sec. 14, adopted 4/17/07)