[Ord. No. 494, 2-1-1955; Ord.
No. 2617, Amended, 6-4-2013; Ord. No. 2688, Amended, 12-1-2015]
It shall be unlawful for any person
to break up, dig up, cut, excavate or fill in any street, alley, or
public easement, or to construct any sidewalks, curbs, gutters, or
to do any work in or upon any street, alley, or public easement, or
to install sanitary sewers, storm sewer, or water mains in any street
or public easement without first obtaining a permit therefor, as herein
provided.
[Repealed by Ord. No. 1807, 9-15-1981]
[Ord. No. 494, 2-1-1955]
No permit shall be issued for work
upon any street when the grade has not been legally established, while
a proposition to alter or amend the grade is pending before the Council,
or after plans have been filed with the council to improve the street.
[Ord. No. 494, 2-1-1955; Ord. No. 2890, Amended, 3-17-2022]
The City Engineer may refuse a permit
if in the City Engineer’s judgment the improvement proposed
to be made is not a suitable one for the place, or will not be uniform
with existing or proposed improvements of the streets in the immediate
vicinity thereof, or when the improvement contemplates the removal
of earth from any street when it may be necessary to secure the deposit
of earth upon any other part of such street.
[Ord. No. 494, 2-1-1955; Ord. No. 670, 2-16-1960]
The City Engineer shall specify,
in the permit the kind of work to be done and the time in which the
same is to be completed.
[Ord. No. 494, 2-1-1955; Ord. No. 2328, Amended, 8-6-2002]
Cement or artificial stone sidewalk
or curb construction specifications therefor and such other information
as the City Engineer may deem pertinent thereto shall be provided
to the applicant.
[Ord. No. 494, 2-1-1955; Ord. No. 670, 2-16-1960; Ord. No.
2649, Amended, 7-29-2014]
The applicant shall pay such amount
established by resolution of the City Council from time to time, for
the City’s surveys, inspection, and other engineering services.
[Ord. No. 494, 2-1-1955; Ord. No. 2649, Amended, 7-29-2014]
The City Engineer shall not issue the permit herein provided for until the applicant shall have deposited with the Recorder the fee per LOC § 42.04.170.
[Ord. No. 494, 2-1-1955; Ord. No. 670, 2-16-1960; Ord. No.
2890, Amended, 3-17-2022]
It shall be the duty of the City
Engineer to make the necessary surveys, to mark the grade for any
improvements for which a permit is issued, to inspect the work, and
to pass upon the same; provided, however, the City Engineer may authorize
the applicant to retain a qualified professional engineer at the applicant’s
own expense to perform all or certain portions of the work as determined
by the City Engineer; provided, however, if the work is not completed
within the time specified in the permit, or if the specifications
are not strictly complied with, the City Engineer shall refuse to
accept the work.
[Ord. No. 494, 2-1-1955]
The City Engineer shall keep a record
of permits showing the date of issue, to whom issued, a description
of the property in front of which the improvement is to be made, the
nature of the improvement to be made, an estimate of the extent of
the improvements, and the date of the certificate approving and accepting
the same. When no certificate is issued by reason of failing to comply
with the provisions of this Article, the reason therefor shall be
entered, and such work shall be removed whenever the City Engineer
shall so direct.
[Ord. No. 494, 2-1-1955; Ord. No. 2890, Amended, 3-17-2022]
All work done under and in pursuance of a permit issued as provided by LOC § 42.04.110 shall be under the supervision of the City Engineer, who shall determine the details of the improvement and whose orders in regard to the improvement and the execution of the same shall be obeyed by the applicant for such permit and by the persons doing the work. Upon completion of such improvement, the City Engineer shall inspect the same, and by actual survey test the grade thereof. If it is satisfactory the City Engineer shall give a certificate therefor to the effect that the improvement is upon the proper grade and that the improvement is accepted. Thereafter, so far as such improvement extends and while it remains in good order, it shall be deemed a completion of that part of any improvement ordered by the Council to be made upon such street. Persons requesting a permit for any street construction under this division shall be denied the right to bond the improvements done under such permit.
