A. 
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings indicated:
ATTORNEY
The City Attorney of the City of Ithaca, New York.
BOARD
The Board of Public Works of the City.
ENGINEER
The City Engineer appointed by the Board.
FORESTER
The City Forester appointed by the Board.
PERMITTEE
The person obtaining a permit or such person's duly authorized representative.
SUPERINTENDENT
The Superintendent of Public Works of the City or his/her duly authorized representative.
B. 
The words "directed," "required," "permitted," "ordered," "designated," "selected," "prescribed," "determined," "certified," "specified," or words of like import used in this chapter shall mean, respectively, the direction, requirement, permission, order, designation, selection, prescription, determination, certification or specification of the Superintendent of Public Works.
C. 
The words "approved," "authorized," "acceptable," "satisfactory," "adequate," "suitable" or "competent" or words of like import used in this chapter shall mean, respectively, approved by, authorized by, acceptable to, satisfactory to, equal to or necessary, adequate, suitable or competent in the opinion of the Superintendent of Public Works.
[Amended 5-4-2005 by Ord. No. 2005-08]
No person shall do any of the following without first obtaining from the Superintendent of Public Works or his/her authorized representative a written permit therefor:
A. 
Construct, remove, replace or repair a sidewalk or driveway within the limits of any public street, highway or other public property.
B. 
Open or cause to be opened, by cutting or excavating, the pavement or soil of any street, highway, sidewalk area or other public grounds.
C. 
Obstruct, encumber or occupy in any manner any public street, highway or sidewalk area, except for parades or public gatherings and assemblages permitted by the Ithaca Police Department.
[Amended 5-4-2005 by Ord. No. 2005-08]
A. 
Forms. Any property owner or utility corporation desiring a permit as prescribed in § 342-7 shall make application therefor to the Superintendent upon forms provided for that purpose.
B. 
Contents. Said application shall contain the names and addresses of the applicant and of the owner of the property in front of which or for whom the work is to be performed, the nature of the work to be done, the date or dates when the work is to be done, together with such necessary sketches and additional information as the Superintendent may require, and a signed statement by the applicant that said applicant agrees to perform the work for which the permit is granted strictly in accordance with the conditions of the permit, the provisions of the Charter and the Code of the City and the applicable rules and regulations of the Department of Public Works, and that the City is to be saved harmless from any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of said applicant or his/her servants or agents in connection with any of the work done under or in connection with said permit.
C. 
Fee. No permit shall be issued until the applicant therefor shall have first paid in cash or by other means acceptable to the City a fee as set, and amended from time to time, by resolution of the Board of Public Works.
[Amended 9-5-2012 by Ord. No. 2012-07]
The permit must be in the possession of the parties actually doing the work and must be exhibited and posted where it is visible.
The Superintendent shall have the right to revoke or cancel a permit at any time should the permittee fail to comply with any of the terms, agreements, covenants and conditions thereof.
A. 
Work must be started within 30 days after issuance thereof, and the permit shall become void at the end of the calendar year in which the permit is issued or at such earlier date as may be determined by the Superintendent in granting the permit.
B. 
No work provided to be done under a permit shall be performed on Saturdays, Sundays or holidays, except with the prior approval of the Superintendent or in the event of an approved emergency.
All work performed under any permit issued pursuant to this chapter shall be performed at the permittee's expense and in accordance with the provisions of the City Charter, this Code, rules and regulations and specifications applicable thereto and to the satisfaction of the Superintendent.
A. 
Generally. Any expenses that may be incurred by the City in connection with work to be done under the provisions of a permit or in the enforcement of the provisions of this chapter shall be paid by the permittee within 10 days after the Superintendent shall have sent the permittee a statement of such expenses as certified by said Superintendent.
B. 
Inspections and other expenses. Said permittee shall be billed by the City for any inspection and any other expense incurred by the City by reason of any failure or default on the part of said permittee, as determined and certified by the Superintendent, and such bill shall be paid within 30 days after the same shall have been billed by the City.
A. 
Conformity required. All materials used or incorporated in any work done under the provisions of this chapter shall conform to such specifications promulgated by the Board.
B. 
Tests. Materials shall, at the discretion of the Superintendent, be submitted to such tests as may, in his/her opinion, be necessary to determine their quality and acceptability. Such tests may be made in any laboratory designated by the Superintendent, and the City shall be reimbursed by the permittee for any expense incurred by said City on account of such tests.
A. 
Debris. The permittee shall clean up and remove from the site of the work, upon completion thereof, all surplus excavated material and debris and shall leave the site of the work in a neat and orderly condition within one week.
B. 
Restoration of ground surface. Where topsoil, seeded areas or sod is disturbed in the course of the work, the permittee shall restore the ground surface to a condition as good as it was previous to the work.
Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to serve a single property owner, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Superintendent a statement, in writing, giving in detail the location of the substructure so abandoned. If such abandoned substructure is in the way or subsequently becomes in the way of an installation of the City or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the City or any other public body.