(A) Homeowner exception. A property owner may elect to personally perform work on the public sidewalk or driveway adjoining his or her property. Such property owner shall be exempt from the requirement to obtain a license and post a bond. However, prior to performing work, said property owner must supply proof of homeowners insurance and must comply with all other regulations in this chapter including obtaining required permits, giving notice for inspection, and all other specified construction requirements.
(B) License and bond requirements. Except in the case where a property owner is doing the work on the public right-of-way adjoining his or her property, any person engaging in the construction or reconstruction of walks, driveways, or curb openings must obtain a license from the Public Works Director and supply a bond in accordance with the provisions identified below.
(1) License. The Public Works Director shall be responsible for the license issuance. To apply for a license, the following must be furnished to the Public Works Director:
(a) Comprehensive identification of person or company applying for the license. Applicant must identify the following:
1. Individual. Name in full, and address;
2. Partnership. Names in full, evidence of legal organization or partnership in accordance with state laws, business address, names in full and address of each person in the partnership; or
3. Corporation. Names of the corporation, state of incorporation, name, title, and signature of official or officials authorized to sign the applications, and such further information as may be required by the Director.
(b) Proof of a liability policy protecting the owner of the property, the city, and the general public;
(c) Workers’ compensation insurance;
(d) Unemployment insurance; and
(e) The applicant shall, on request, furnish the Director with a list of representative projects and references attesting to his or her ability to do and perform all work as required in the construction or reconstruction of walks, driveways, or curb openings.
(2) Bond. A bond in the sum of $5,000 shall be filed with the Public Works Director by anyone planning to engage in the construction or reconstruction of walks, driveways, or curb openings. The surety to the city shall be conditioned upon the faithful observation of this and other applicable provisions of the codified ordinances of the city and the specifications, rules, or regulations pertaining to the construction and reconstruction of walks, driveways, or curb openings, and that the principal will construct, reconstruct, or make all walks, driveways, or curb openings in strict compliance with all applicable existing ordinances, specifications, rules, and regulations. The bond shall further provide for payment to the city, or all persons entitled thereto, of the cost and expense of reconstructing any walk, driveway, or curb opening when required by the Director, should any defects due to construction, material, or workmanship develop in such work at any time within a period of three years from January 1 next following the completion of the work, which defect is, in the judgment of the Director, caused by the contractor’s failure to conform to the specifications and regulations relating to the construction or reconstruction of walks, driveways, or curb openings which are established under this chapter and amendments thereto. The bond shall be further conditioned that such surety will indemnify and save harmless the city on account of any and all claims or damages or injuries to persons or property due to failure of the contractor or his or her agents or employees to maintain the right-of-way, where such construction or reconstruction is being done, in a condition which is safe and fit for public travel, and in compliance with the provisions of this chapter and amendments thereto, or any ordinance, rules, or regulations relating to public safety now in effect or which may hereinafter be enacted or promulgated.
(C) License fee. When the license application has been approved and the required bond has been accepted, the Public Works Director shall issue a license to the applicant upon payment of the annual license fee of $100 for the fiscal year terminating on December 31 of each calendar year. All license fees shall be credited to the general fund of the city.
(D) License suspension or revocation; appeal. The Public Works Director may suspend or revoke a license or permit issued hereunder for incompetency or for any failure, refusal, or neglect on the part of the holder thereof, or on the part of any agent or servant of the holder thereof, to strictly comply with any part of this chapter or amendments thereto, or any effective rules, regulations, or specifications relating to the use, construction, reconstruction, or making of walks, driveways, or curb openings, or for failure to pay for charges for materials, labor, subcontractors, or employees for such work for which a mechanic’s lien is filed against the owner of the property. The holder of any such permit or license may appeal from such suspension or revocation to Council and the findings of Council in all such appeals shall be final and conclusive.
(Ord. 8349, passed 9-2-2014) Penalty, see § 98.99