[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 22, Art. 1, of the 1979 Revised General Ordinances of Paterson]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person or persons, firm or firms, corporation or corporations, association or associations, or any group of the same.
CITY ENGINEER
The head of the Engineering and Operations Division of the Department of Public Works.
DIRECTOR
The Public Works Director of the Department of Public Works.
The construction, including all work in connection therewith, of any and all privately financed sewers, drains and manholes in whole or in part in streets of the City and any and all privately financed extensions, additions and alterations of or to any public sewers of the City shall be done in accordance with the provisions of this article.
Prior to the commencement of any such construction, including all work in connection therewith, the applicant shall file with the Public Works Director a written application, in duplicate, executed by him on a form prescribed by said Director, setting forth the following:
A. 
The name, address and telephone number of the applicant.
B. 
The interest of the applicant in such construction either as the owner of specifically described property to be served or benefited by such construction, when completed, or otherwise.
C. 
The name and address of the contractor who is to do the work, with such statement as may be required by said Director as to such contractor's responsibility, including his competence, experience, facilities, available equipment and his financial ability to perform such work in a good workmanlike and expeditious manner.
D. 
The location, size, length, depth and approximate cost of the work.
E. 
A commitment by the applicant that he will perform or cause to be performed all the work in accordance with his application and in accordance with the requirements of this article and not otherwise.
F. 
Such other relevant data as may be required for the information of said Director or the City Engineer in relation to the matter.
Upon the filing of such an application in duplicate, in proper form, the Public Works Director shall give it a number and shall promptly transmit the duplicate copy thereof to the City Engineer for the official records of his Division. The Director shall forthwith make such investigation as may be required and thereafter present such application with his written recommendations to the City Council. The Council may require the City Engineer to review the application for his recommendations. If satisfied with the favorable recommendation of the Director and the City Engineer, if any, and of the contractor's responsibility and that the work can and will be done expeditiously and in a good and workmanlike manner in accordance with the provisions of the application and of this article and without undue loss, hazard or danger to the public or to public or private property by reason of traffic or street pavement conditions, the proximity of water, sewer or public utility lines, buildings, structures or other improvements, the Council shall direct the Public Works Director to issue a permit for the doing of the work involved in the construction, upon the applicant's complying with the provisions of this article. The action of the Council shall be duly recorded in its official minutes of the meeting.
If he deems it necessary, the City Engineer shall thereafter prepare specifications and plans of the work to be done and the manner in which and time within which the work is to be done. Such specifications shall include but not be limited to size and type of pipe, sewer or drain required; precise location and grade of the line; joint and jointing material; number, location and type of manholes, if any; grade, course and depth of the line; means or methods of excavation; point or points of connection with the sewer system of the City; such bracing, shoring and sheeting as may be required; such underdrains as may be required; manner of removal of rock; protection against subsurface water; protection of the public and of property; removal and replacement of excavated material and of pavements, curbs and sidewalks; and such other details with reference to the construction as the City Engineer shall deem customary, desirable and proper for adequate and well-drawn specifications for the character of work to be done. Such specifications shall, so far as is practicable, be in accordance with existing standards of the City for such work or with standards to be reduced to writing by the City Engineer and approved by the Council; subject, however, without restriction or limitation, as to any change or variance from such standards and the imposition of additional requirements where, under the circumstances of any particular case, the City Engineer deems it advisable. A copy or copies of such specifications when so prepared shall be furnished to the applicant upon request.
The applicant shall thereupon file with the Public Works Director the construction contract and specifications, in duplicate, the same having been duly executed by the applicant and the contractor and approved by the City Engineer. The applicant shall, at the same time, file a bond of the contractor if and when required to do so by the City Engineer, with sufficient surety to the City in the amount of the contract, conditioned upon his and the applicant's performing the contract. Said bond shall be in such form as the Corporation Counsel approves. The applicant shall also file insurance policies as to workmen's compensation and the public liability and property damage indemnifying the City against loss, approved as to form by the Corporation Counsel and as to amount by the City Engineer. The duplicate executed copy of the contract and specifications shall, upon receipt by the Public Works Director, be transmitted by him to the City Engineer for the official records of his Division.
No one other than the contractor named in the application shall do the work and the permittee shall not authorize, suffer or permit any other than said contractor to do the work except as herein otherwise provided. All such work shall be done in accordance with the provisions of the contract and specifications, except when a change or variance in performance because of conditions and circumstances encountered is justified in the opinion of the City Engineer and is approved, in writing, by him. Any change or variance, except as permitted by the City Engineer as provided in § 407-6 and this section, shall constitute a violation of this article.
If the contractor referred to in the previous section shall die or become incapacitated after the application has been filed and a permit granted and before the completion of the work or if he shall abandon the work or fail to proceed with the work in an expeditious or good and workmanlike manner or for any other reason, the permittee shall select another contractor to do the work, to remedy any defective work or to finish the work. Such new contractor shall not proceed until he shall have complied with all the requirements of this article as was imposed upon or required of the contractor designated in the first instance to the satisfaction of the City Engineer.
The City Engineer shall inspect the work as it progresses, and if he is of the opinion that such work is not proceeding in accordance with the plans and specifications, except as stated, and the provisions of this article, he may order further work stopped until the improper or defective work has been remedied or corrected or, if the progress of the work is lagging, order it expedited. In default of compliance with an order of the City Engineer, the Public Works Director shall, upon the recommendation of the City Engineer, revoke the permit. The permittee and his contractor shall not thereafter proceed with the work. Disregard of any order of the City Engineer under this section or the continuance of the work by the contractor after the revocation of the permit shall be a violation of this article. Such permit shall not be reinstated except on terms prescribed by the Council after a hearing when requested by the contractor.
The City Engineer, following any revocation of such permit, may order the permittee to refill any excavation remaining from unfinished work and to complete the restoration of all paving, curbing and sidewalks and the restoration of the location in all respects to its original state and condition. In default thereof, the City Engineer may do or cause the same to be done at the sole cost and expense of the permittee or, if the City Engineer deems it advisable, to replace or remedy any defective work or complete any unfinished work or cause the same to be done, all at the sole cost and expense of the permittee. Any violations of any provisions of this section shall be separate violations of this article.
Upon completion of the work in a good and workmanlike manner, and in applicable cases upon the payment by the permittee or his surety of any costs and expenses of the City incurred under § 407-12 hereof, the City Engineer shall certify to the Council that all requirements of this article have been met or substantially met and complied with. Record of such certification shall be noted in the minutes of the Council, and upon such certification, said construction may be placed in operation and not before.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.