Loading...
§ 90.030   STRUCTURES IN RIGHTS-OF-WAY; PERMIT REQUIRED.
   No person, persons, firm, or corporation shall construct, place, install, use, or maintain any structure, either above or below the surface, within the boundaries of the right-of-way of a street, road, or highway under the jurisdiction of the city without first having obtained a permit therefor as hereinafter provided.
§ 90.031   PERMIT APPLICATION.
   Any person desiring to utilize the right-of-way of any street, road, or highway under the jurisdiction of the city shall submit an application for a permit to do so to the Department of Public Works for the city.  The application shall be on a form provided therefor by the Department of Public Works.  No permit shall be granted to any person, persons, firm, or corporation unless all of the provisions of this ordinance are complied with.
§ 90.032   PROOF OF INSURANCE; INDEMNIFICATION.
   (A)   The applicant for a permit under the provisions of this ordinance shall supply to the Department of Public Works for the city, proof of general liability insurance in the amount as set by the City Council, and amended by resolution from time to time, which insurance shall name the city as an additional named insured.
   (B)   If the property adjacent to the right-of-way where the work is to be performed is owned by the applicant, or if the applicant owns a land contract vendee’s interest in the premises, and if the premises adjacent to the subject right-of-way is the applicant’s primary residence, the applicant, in lieu of supplying proof of general liability insurance, may instead supply proof of current homeowner’s insurance including general homeowner’s liability coverage.
   (C)   The applicant for a permit under the provisions of this ordinance shall also execute a form to be provided therefor by the Department of Public Works, which shall provide that the applicant agrees to release, indemnify, and save harmless the city, its agents, principals, and employees from any and all liability or damage claims to public or private property or personal injury arising by reason of any work performed by the applicant or his or her agents, servants, or employees within the right-of-way of any public street, road, or highway under the jurisdiction of the city.
§ 90.033   WORK; CITY REQUIREMENTS APPLY; FEES.
   (A)   All work performed within the right-of-way of any street, road, or highway under the jurisdiction of the city shall be in accordance with the requirements of the Department of Public Works for the city.
   (B)   The permit and inspection fees shall be as from time to time determined by the City Council.
§ 90.034   NONCOMPLIANCE; CEASE AND DESIST ORDER; APPEAL.
   (A)   If, after issuance of a permit, the Department of Public Works for the city determines that the permit holder has not complied with any of the regulations or requirements of the Department of Public Works, the Director of the Department of Public Works shall issue a cease and desist order requiring the permit holder to immediately terminate all operations as provided for in the permit until such time as all of the regulations of the Department of Public Works are complied with and the cease and desist order is rescinded.
   (B)   If the permit holder is aggrieved by the determination of the Director of the Department of Public Works, he or she may appeal to the City Council.
   (C)   The permit holder may not continue operations while the appeal to the City Council is pending.
DRIVEWAY CULVERTS
§ 90.050   DRIVEWAY OR OTHER OBSTRUCTION; CULVERT PIPE REQUIRED; SPECIFICATIONS.
   (A)   It shall be unlawful for any person or persons to construct or maintain a driveway, approach, or other obstruction leading from any street to a lot or parcel of land abutting thereon which may in any way obstruct or interfere with the free and continuous flow or passage of water in, through, or along any public gutter, watercourse, or drain in the street, without first placing in the bottom of that gutter, watercourse, or drain, a metal culvert pipe as herein provided and maintaining the same safe and unobstructed.  Responsibility for keeping any such driveway or other drainage pipe open and free of dirt or obstruction shall be upon the property owner.
   (B)   Any culvert pipe installed in any public street shall be approved by the Department of Public Works and shall be of cast iron, steel, or iron or steel alloy not less than 12 inches in internal diameter, or larger if required by the Department of Public Works, shall have a continuous length of not less than 14 feet nor more than 42 feet, shall be installed in a manner approved by the Department of Public Works in a location, at a grade, and at an elevation so that it will not obstruct or interfere with the free and continuous flow or passage of water in the direction designated by the established grade of the gutter, watercourse, or drain, and shall be covered with material of the same character as the traveled portion of the roadway adjacent or other approved material suitable for the use intended; provided, that the Department of Public Works may grant special permission to install a metal culvert pipe less than 14 feet or more than 42 feet in length, if, in its judgment, conditions justify installation of that lesser or greater length.
§ 90.051   CONSTRUCTION OF DRIVEWAY OR OTHER OBSTRUCTION; PERMIT REQUIRED; INSTALLATION.
   Whenever any person shall desire to construct a driveway or obstruction in a gutter of the character mentioned in § 90.050 of this code, he or she shall make application to the Department of Public Works for a permit for that installation.  If there appears to be no objection to the installation by the applicant, the Department of Public Works will issue a permit for the installation in the manner provided in § 90.050 hereof and shall make a record of the permit.  Should the applicant desire to have the work done by the city, he or she will be required to make application to the Department of Public Works and to pay to the City Treasurer a sum equal to the cost of materials, labor, supervision, and administration, as determined by the Department of Public Works.  Upon payment to the City Treasurer of this sum, the city will, as soon thereafter as convenient, install the pipe and cover same with some material suitable for the use intended.  The material used in construction of all driveways or culverts built by the city shall remain the property of the city.  If at any time the character of any street is changed so that a driveway or culvert is no longer required, then all material used in the driveway or culvert constructed by the city shall be salvaged by it, and all material shall be removed from the site by the city.
Loading...