It is unlawful for any person to encroach under, upon or over
any city street, sidewalk or public right-of-way for the purpose of
constructing, reconstructing or removing any sidewalk, curb, gutter,
cross gutter, drainage facility, street or miscellaneous structure
except as hereinafter provided.
(Rev. Code 1954 § 7141)
It is unlawful to construct, reconstruct or remove any sidewalk,
curb, gutter, cross gutter, drainage facility, street or miscellaneous
structure without first obtaining a permit therefor from the Public
Works Director.
(Rev. Code 1954 § 7142)
The Public Works Director shall provide forms upon which application
for a permit required by this chapter is to be made.
(Rev. Code 1954 § 7142)
The Public Works Director may require the encroachment permit
to be secured by a faithful performance bond or an instrument of credit
acceptable to the city. The faithful performance bond shall be in
an amount equal to 100% of the estimated cost of installing all of
the required improvements.
The Public Works Director is authorized to release the performance
bond or instrument of credit upon satisfactory completion of the construction
work.
(Rev. Code 1954 § 7142; O2820)
The fee for permits required by this chapter shall be established
by the Council by resolution.
In addition to any other requirement made by the Public Works
Director in granting any application under this chapter, the work
shall conform to the specifications adopted by resolution of the Council.
(Rev. Code 1954 § 7144; O1236)
The Public Works Director is authorized to assign an inspector
to any or all work.
(Rev. Code 1954 § 7145)
If, after investigation, testing or on the spot inspection,
the work is found to be unsatisfactory or not in accordance with the
specifications, the Public Works Director is authorized to notify
the permittee to replace such unsatisfactory work within a specified
period, not to exceed 48 hours. If such work is not replaced within
the period specified, the Public Works Director is authorized to remove
the unsatisfactory portions of the work and replace as necessary.
The cost of labor, materials, equipment rental and overhead as necessary
to remove and replace the unsatisfactory work shall be charged against
the permittee.
(Rev. Code 1954 § 7146; O2082)
None of the provisions of this chapter shall apply to any work
done or to be done along, in or upon any public street, alley or other
public place pursuant to any law of this state providing for the improvement
thereof, or any work done or to be done along, in or upon any public
street, alley or other public place, pursuant to any action for the
improvement of such street, alley or other public place authorized
by the Council.
(Rev. Code 1954 § 7147)
The provisions of this chapter shall not apply to construction,
reconstruction or removal made by any officer or under the direction
of any officer or officers of this city, in the discharge of his,
her or their official duties.
(Rev. Code 1954 § 7148)
Nothing contained in this chapter shall be construed to prevent
any person from constructing, reconstructing or removing any sidewalk,
curb, gutter, cross gutter, drainage facility, street or miscellaneous
structure as may be necessary for the preservation of life or property
when such necessity arises; provided that the person making such construction,
reconstruction or removal shall obtain a permit therefor within 24
hours thereafter, exclusive of intervening Saturday, Sunday or legal
holidays, and providing further, that all work shall be done in accordance
with this chapter.
(Rev. Code 1954 § 7149)
It shall be the duty of every person doing any construction,
reconstruction or removal in any public street, alley or other public
right-of-way to maintain safe crossings for vehicle and pedestrian
traffic at all street intersections and safe crossings for pedestrians
at intervals of not more than 300 feet. No street may be blocked without
notification and approval by the Fire Department and Public Works
Department. When approval is granted for street closure, the person
responsible for the construction work shall notify the Fire Department,
Police Department and Public Works Department at least 12 hours in
advance of closure. All street closures shall be opened for traffic
at the end of each work day, unless special approval is granted by
the Public Works Director. If the street is not wide enough to hold
excavated materials without using a part of the adjacent sidewalk,
a tight board fence upon or along such sidewalk shall be erected and
maintained as long as said materials remain along said sidewalk. Free
access must be provided to all fire hydrants and water valves. The
permittee shall supply any lights, barricades, signs or other safety
devices the Public Works Director deems necessary for the protection
of the public.
(Rev. Code 1954 § 7150; O2082)
A.
All
existing drainage conduits, pipes, structures, ditches or other facilities
in the public street area of this city which provide drainage for
stormwaters are the property of this city and no person is allowed
to divert, plug, abandon, fill, close in, add onto or change them
in any manner without an approval permit from the Public Works Director.
B.
The
Public Works Director shall maintain, replace, relocate or install
any catch basin, drain line, main sewer line or any other facility
connecting to any storm sewer or combined sanitary and storm sewer
that he or she deems necessary for the provision of drainage to areas
within the city except that the Public Works Director may not increase
the drainage area contributing to the combined sanitary and storm
interceptor sewer without approval of the Council.
(Rev. Code 1954 § 7151)
