(A) Any person required by this division to obtain a permit shall apply for such permit by making a written application with the public works administrative division. All applications for an initial permit or an extended permit shall describe the extent and character of the work to be done and shall be accompanied by a paving, curb and/or sidewalk cut plan or excavation plan showing the location and dimensions of the proposed cut or excavation and any other information as may be necessary for the enforcement of this Code. The public works administrative division shall keep a record of all paving, curb and sidewalk cuts and excavations in the public right-of-way.
(B) Any initial permit issued by the public works administrative division shall expire at the end of 20-business days after its date of issuance. If a permittee under an initial permit does not satisfactorily complete the work described in the application before the expiration of the initial permit, then in order to complete and/or rectify such work, such permittee shall apply for and receive an extended permit from the public works administrative division. Any extended permit issued by the public works administrative division shall expire at the end of 20 business days after its date of issuance. If, prior to the expiration of an initial permit or extended permit, as the case may be, an applicant does not
(1) Satisfactorily complete the work described in such permit; or
(2) Apply for and receive an extended permit or subsequent extended permit for such work, then such applicant, upon the expiration of such permit, shall cease all work referenced in the application; and the city, acting through its public works director, may either:
(b) Restore the property as may be reasonably possible to its original condition by backfilling, tamping and replacing any paving and/or seeding any grass which was removed by the applicant.
(C) Whenever the city incurs any cost or expense in performing or authorizing the performance of work or restoration, permitting, or inspection of said performance, pursuant to this section, the applicant under such permit(s) shall be liable to the city for such cost and/or expense. The city shall send a written statement to such applicant setting forth the amount of money due to the city for such cost and/or expense and such amount shall be payable to the city within 15 days after the date it is mailed by the city. If not paid within such period, interest shall accrue from and after the date of the statement at a rate of 16 percent per annum or the highest rate allowable by law, whichever is greater. In addition, any applicant deemed liable by the city pursuant to this subsection shall, after the date the city mails such applicant a written statement detailing the city’s cost and/or expense, be prohibited from obtaining any other initial or extended permit pursuant to this division, unless and until the city has fully recovered its cost and/or expense, including any accrued interest, which is owed to the city by such applicant. An applicant shall be prevented from obtaining any other initial or extended permit under the foregoing sentence regardless of whether the permit requested by the applicant is for work at the same location as the location the city incurred its cost and/or expense in performing or authorizing the performance of work or restoration on behalf of such applicant under such applicant’s prior application.
(D) It shall be the duty of the public works director to inspect or cause an inspection to be made of the place of entry into the paving, curb, sidewalk or public right-of-way area after work has been completed. If, following inspection, the public works department determines in its sole discretion that all work has been performed in a satisfactory manner, then the permittee shall be so notified and shall be relieved of any further obligations of performing work described in the permit.
(1964 Code, § 19-41) (Ord. 2377, § 2, passed 8-26-1985; Ord. 3279, § 2, passed 7-14-2003; Ord. 4094, § 1, passed 5-3-2022)