The written permits required by this Chapter shall be issued by the Public Works Department, subject to the provisions of this Chapter and other applicable laws.
The Director of Public Works shall prescribe and provide a regular form of application for the use of applicants for permits required by this Chapter. The application shall show such information and detail as the Director of Public Works may deem necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed use or encroachment.
When required by the Director of Public Works, the application shall be accompanied by maps, sketches, diagrams or similar exhibits to the size and in the quantity as the Director of Public Works may prescribe, sufficient to clearly illustrate the location, dimensions, nature and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way or water course.
The applicant shall also enclose with, attach or add to the application the written order or consent to any work thereunder which may be required by law to be obtained. A permit shall not be issued unless such order or consent is first obtained and evidence thereof is filed with the Director of Public Works. The permittee shall keep himself adequately informed of all State and Federal laws and City laws and regulations which in any manner affect the permit. The applicant shall at all times comply with, and cause all his agents and employees to comply with, all such laws, regulations, decisions, court and other similar authoritative orders.
Applications may be approved, conditionally approved, or denied. When the Director of Public Works finds that the application is in accordance with the requirements of this Chapter, he shall issue a permit for the use or encroachment, attaching such conditions as he may deem necessary for the health, safety and welfare of the public and for the protection of the City. If the Director of Public Works finds the application is in conflict with the provisions of this Chapter, he shall deny the permit, giving in writing the reasons for such denial.
Permits shall be written on a form prescribed by the Director of Public Works. No permit shall be valid unless signed by the Director of Public Works or his authorized representative.
The permittee shall begin the work or use authorized by a permit issued pursuant to this Chapter within ninety (90) days from the date of issuance unless a different period is stated in the permit. If the work or use is not begun accordingly, the permit shall become void.
A permit for a temporary encroachment as determined by the Director of Public Works, for continuing a use or maintaining a temporary encroachment previously authorized, shall be valid for a term of one (1) year from the date of issuance unless the permit specifies otherwise or unless sooner terminated by discontinuance of the use, removal of the encroachment, or termination of the permit by written order of the Director of Public Works mailed thirty (30) days prior to the date of termination.
The permittee shall complete the work or use authorized by a permit issued pursuant to this Chapter within the time specified in the permit. If at any time the Director of Public Works finds that the delay in the prosecution or completion of the work or use authorized is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right of way or water course to its former condition. The permittee shall reimburse the City for all expenses incurred by the City in restoring the right of way or water course.
The permittee shall keep any permit issued pursuant to this Chapter at the site of the work, or in the cab of a vehicle when movement thereof on a public street is involved, and the permit shall be shown to any authorized representative of the Director of Public Works or law enforcement officer on demand.
A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity but shall be made available to an authorized representative of the Director of Public Works or law enforcement officer within a reasonable time after demand therefor is made.
Permits shall be issued only to the person making application therefor and may not be assigned to another person by the permittee. If any permittee assigns his permit to another, the permit shall become void.
No changes may be made in the location, dimension, character, or duration of the encroachment or use as granted by the permit except upon written authorization of the Director of Public Works; provided, however, the location of underground pipes or conduits smaller than six (6") inches in diameter shall be exempt from this requirement. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or for changes therein or thereto when such changes or additions require no excavation of the right of way.
The schedule of fees shall be those recommended by the Director of Public Works and established and adopted by the Council from time to time by resolution. Before a permit shall be issued, the applicant shall deposit with the City cash or a check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fees for necessary inspections, all in accordance with the schedule established and adopted by the Council.
When work for which a permit is required is started or proceeded with prior to obtaining such permit, the fees specified shall be doubled.
Public utilities and public agencies may, at the option of the Director of Public Works, make payment for the charges billed by the City instead of by advance deposit as required by this section.
Acceptance by the applicant of the permit granted shall be conclusive evidence of the reasonableness of the terms imposed and shall constitute a waiver of any right of other determination thereof.
Unless the provisions of this section are waived in the permit, and before a permit is effective, the permittee shall deposit with the Public Works Department cash or a certified or cashier's check in a sum to be fixed by the Director of Public Works as sufficient to reimburse the City for costs of restoring the right of way or water course to its former condition, based on the schedule adopted by resolution of the Council; provided, however, the permittee may file a cash deposit on an annual basis in a sum estimated by the Director of Public Works as sufficient to cover his activities during any twelve (12) month period.
In lieu of the cash deposit prescribed by Section 7-1.215 of this Article the permittee may, upon approval by the Director of Public Works, file a cash deposit in the minimum sum established by the schedule adopted by the Council and in effect at the time of application for a permit, and the balance of the sum fixed by the Director of Public Works as sufficient to reimburse the City for expenses incurred in restoring the right of way or water course to its former condition may be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the State.
Any bond or cash deposit required by the Director of Public Works pursuant to this Chapter shall be filed with the Public Works Department and shall be payable to the City. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the bond or cash deposit shall be released upon the expiration of ninety (90) days from the date of completion.
Cash deposits or bonds shall not be required of any public utility or public agency which is authorized by law to establish or maintain any works or facilities in, under or over any public street or right of way.
The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under permit or proximately caused by failure on the permit-tee's part to perform his obligations under such permit in respect to maintenance. If any claim of such liability is made against the City, its officers or employees, the permittee shall defend, indemnify and hold them, and each of them harmless from such claim insofar as permitted by law.