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The owner of every lot, piece or parcel of ground within the city that is more than 18 inches above or below any street, alley or sidewalk and which borders thereon shall erect and at all times maintain along the edge of such lot, piece or parcel of ground next to the street, alley or sidewalk a secure railing or fence sufficiently high and strong enough to keep persons and animals from falling from such lot, piece or parcel of ground into the street, alley or sidewalk or from the street, alley or sidewalk into such lot.
(Code 1965, § 25-12)
Secs. 16-10—16-35. Reserved.
City streets—No person shall cut into any street, sidewalk, alley, square or other public right-of-way for any purpose, including but not limited to installation of and repair to utility systems, or disturb the right-of-way by removing any dirt, sod, sand or paving material therefrom or otherwise disturb the right-of-way, without first obtaining a cut permit from the city engineer/designee. If trees in the right-of-way are to be removed or if work is to be performed within the drip-line of trees in the right-of-way, no cut permit shall be issued until the permittee submits written approval from the tree/greenway commission.
(Code 1965, § 25-14; Ord. No. 1693, 6-14-88; Ord. No. 2593, § 1, 7-27-99)
(a) Each application for a cut permit shall be accompanied by the required permit fee as set forth in the city's fees and charges manual. All fees for cuts within the public rights-of-way shall be set forth in the city's fees and charges manual.
(b) If the cut work extends beyond ten working days, excluding weather days, a penalty as set forth herein, shall be assessed in addition to the regular permit fee. A permit may be extended without penalty if extenuating circumstances are encountered. Extenuating circumstances may consist of but not be limited to circumstances that could not be planned for nor reasonably anticipated and beyond the control of the permittee. Provided, however, extenuating circumstance shall not consist of failure of a subcontractor to perform. The city engineer/designee may grant extensions provided the extension is requested in writing at least 48 hours prior to the permit deadline. All extensions must be approved in writing. A weather day shall include the following: (i) when the temperature drops below 32 degrees fahrenheit between the hours of 9 a.m. and 6 p.m.; or (ii) any day that the 24 hour rain accumulation for that day exceeds 0.25 inches; or (iii) any other similarly situated circumstance as determined by the city engineer/designee.
(c) If a project is scheduled to last more than ten working days, the permittee shall submit detailed information that defines the scope of the project, a map or sketch showing the precise location of the project, the name of the contact person who will be on site at all times, etc., prior to obtaining a cut permit.
(d) Any person who cuts into a public right-of-way without first obtaining the cut permit required by this article, shall be charged a penalty as described below. Provided, however, emergency repair cuts to an existing utility may be made without a permit in hand provided the permit is obtained by the close of the next business day after the cut is made. In the event the emergency work cut permit is not obtained within the time period set forth herein, the penalty as well as the regular permit fee shall apply.
(e) Any person/permittee who fails to pay permit cost, including permit fees and penalties shall not be granted any further permits for new construction or installation until the outstanding fees/penalties are paid.
(f) It shall remain the sole responsibility of the permittee to provide traffic control per the manual of uniform traffic control devices, located in the city's engineering department. If an entire road is to be blocked during a cut, the permittee must obtain a street blocking permit from the city's traffic engineer before issuance of a cut permit.
(g) The penalty for any person/permittee who exceeds the time limit set forth in the cut permit or who fails to timely obtain a cut permit following an emergency repair or who cuts into a public right-of-way without a cut permit shall be as shown in Schedule B (Schedule of Civil Penalties) of this Code.
(Code 1965, § 25-14; Ord. No. 1693, 6-14-88; Ord. No. 2242, § 11, 9-26-95; Ord. No. 2593, § 1, 7-27-99; Ord. No. 4333, § 1, 8-26-14)
(a) Any person who shall cut into any street, sidewalk, alley, square or other public right-of-way within the corporate city limits shall restore the cut in accordance with the standards and specification set forth in the city's standard specifications and detail manual as that manual is interpreted by the city's engineer/designee. In any event, the final cut must be rectangular or square in shape. L- or T-shaped cuts are prohibited. Cuts into city streets shall have a full width overlay for any cuts that extend beyond one travel lane or for those streets that have been resurfaced within three years prior to the date of the permit. The total length of the overlay must be a minimum of 35 feet in length. Projects shall be designed to the extent possible, so as not to locate utility poles, hydrants, valves and manholes on sidewalks.
(b) The engineering department shall be responsible for conducting periodic inspections of the project during the progress of the work. The permittee shall notify the city engineer/designee when work has been completed and request a final inspection. The city engineer/designee shall make the final inspection to determine that streets, sidewalks, alleys, squares or other public rights-of-way are restored to city standards, and that all debris, materials, tools and equipment are removed therefrom. All cuts shall be warranted by the person, corporation or company making the cut for a period of two years from the date of final approval which warranty shall include an indemnification clause, agreeing to indemnify and hold harmless the city from any such claims during the two-year warranty period.
(c) The permittee or person causing the cut shall remain solely responsible for any and all costs incurred in restoring the street, sidewalk or public right-of-way to city standards.
(d) Failure to restore. Upon the failure of any person to restore a city street, sidewalk, alley, square or other public right-of-way to city standards, the city will:
(1) Provide written notice that the cut is not acceptable.
(2) Allow ten days for the person to repair the cut; and
(3) Perform a reinspection after ten days. If the work is not completed to city standards, the city engineer/designee will order the completion of the work by the city and recover 120 percent of the actual cost to restore the cut from the permittee in addition to permit fees and penalties already incurred and/or take such other legal action as is necessary to correct the violation.
(Code 1965, § 25-14; Ord. No. 1693, 6-14-88; Ord. No. 2593, § 1, 7-27-99)
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