A. Obstructions Prohibited: No person may erect or permit to continue to exist any structure, obstruction, work, object, change of grade, culvert or interference with the flow line in rights of way, streets or alleys owned or controlled by the City.
B. Exceptions; Permit: The City may issue permits granting exceptions to the above through the City Engineer, when such exceptions must be made in conformity with good engineering principles in the particular street, right of way or alley. The City Engineer shall be the sole judge of good engineering principles.
C. Definition of Applicant: Applicant, as used herein, means the person making application for a permit hereunder.
D. Application for Permit:
1. The applicant for the permit shall submit to the City Engineer, in writing, detailed plans and specifications as are necessary to fully explain the proposed change and work.
2. The plans, specifications and application must conclusively show that the work, changes and culverts will in no way interfere with the right of way, street or alley or the grade, roadside flow line or culverts in same.
E. Approval or Denial: The City Engineer shall then approve or reject the permit or modify the plans and specifications to allow a permit to be issued.
F. Permit Fee: If the permit is granted, the applicant therefor shall pay a fee as set by the Board of Commissioners before beginning any work.
G. Appeals: If an application is rejected, the applicant may appeal the decision of the City Engineer to the Board of Commissioners within three (3) days after such rejection or modification by giving notice, in writing, of such appeal to the City Secretary at City Hall, otherwise, the decision of the City Engineer is final and conclusive.
H. Terms and Conditions: The permit shall also be subject to the terms and conditions listed herein:
1. Applicant will provide adequate protection for all traffic affected by his work with warning signs, flags, lights and flagmen where necessary.
2. Issuance of a permit grants applicant permission to work within the right or way, street or alley for the purpose of laying the proposed crossing, culvert or other approved work. It is the duty and responsibility of the applicant to contact all utilities to determine the location of all utility lines. In the event damage occurs to said lines, it is the duty and responsibility of applicant to immediately pay for the repair of such lines.
3. Any damage to the right of way, street or alley shall be repaired by the City but applicant shall immediately pay the City for the cost thereof.
4. Maintenance of the permitted change, improvements, grade, culvert, lines and pipes shall be the sole responsibility of the applicant. Said items shall and must be properly maintained by applicant at all times.
5. All work approved by the permit shall be completed within ninety (90) days from the date the permit is issued.
6. If the work done and approved by the permit interferes with future right of way, street or alley maintenance or construction, the applicant or his successors shall remove same at his expense.
7. All work shall be done during dry weather.
8. All trees and shrubbery shall remain undisturbed, but unnecessary native shrubbery may be removed under the supervision of the City.
9. Upon completion of the work approved, the applicant shall remove all excess earth and debris and leave the right of way in a neat, clean condition.
I. Term of Permit: All permits shall be valid for no longer than two (2) years after said permit is issued.
J. Revocation of Permit:
1. The permit may be revoked at any time by the City.
2. Failure of applicant to comply with any of the requirements and conditions herein at any time as set forth in this Section shall automatically void such permit.
3. At any time the permit is no longer valid, the applicant shall immediately remove said culverts or other changes originally approved and shall replace and repair the right of way, street and alley to the condition in which it was at the time of issuance of the permit or the City may perform such work and the applicant must immediately pay the City the cost of such repair. The City will not be responsible for damage to this installation by maintenance, repair, removal or construction machinery. (Ord. 536)
K. Penalties: The violation or breach by any person of any condition or subsection of this Section shall be subject to penalty as provided in Section 1-4-1 of this Code. Each day in which a violation or breach occurs shall be a separate offense. (Ord. 536; 1994 Code)