A.
ATTORNEY
BOARD
ENGINEER
FORESTER
PERMITTEE
SUPERINTENDENT
Unless otherwise expressly stated, the following terms
shall, for the purposes of this chapter, have the meanings indicated:
The City Attorney of the City of Ithaca, New York.
The Board of Public Works of the City.
The City Engineer appointed by the Board.
The City Forester appointed by the Board.
The person obtaining a permit or such person's duly authorized
representative.
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 permit shall not be assigned or transferred
except upon the prior written consent of the Superintendent.
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.
