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(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.
(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.
(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time as all of the regulations of the Department of Public Works are complied with and the cease and desist order is rescinded.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
(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.
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.
Whenever any street, land, or alley in the city has been graveled or paved without curbs, it shall be the duty of the Director of Public Works to serve or cause to be served a written notice upon the owner or agent of any lot or parcel of land abutting that street which has a driveway approach or other obstruction leading from the lot or parcel of land to the traveled portion of the street, requiring him, her, or them to install pipes in all such driveways, approaches, or obstructions in accordance with §§ 90.050 and 90.051 of this code, within 10 days after the completion of the work of graveling or paving that street. It shall further be the duty of the Director to serve or cause to be served the notice as above mentioned upon the owner or agent of any lot or parcel of land abutting any street in the city which has been graveled or paved, who has not complied with the conditions specified in §§ 90.050 and 90.051 hereof. In case the Director or other authorized agent or employee shall be unable to find, within the city, the owner or agent of any such lot or parcel of land abutting that street, then the notice may be served by posting in some conspicuous place on the lot and premises.
(A) In case the owner or agent of any lot or parcel of land, when ordered by the Director of Public Works in the manner set out above, shall refuse or neglect to install pipes from the date of service of the notice provided for in § 90.052 of this code, the City Council may cause the driveway, approach, or obstructions to be constructed and installed and assess the cost thereof in a special assessment on the lot or parcel of land benefitted, this assessment to be made and collected in the same manner as provided for in the City Charter for the making and collecting of special assessments, and this tax shall be and remain a lien upon the lot or parcel of land until the same is paid, the same as all other assessments.
(B) Whenever either a property owner or the city shall improve any street which construction shall require the installation of any driveway culvert or the removal and restoration of an existing driveway culvert and driveway approach and any work upon the area between the edge of the street right-of-way and the improved portion of the street, then in all such cases:
(1) The cost of replacing an existing driveway culvert with a new driveway culvert and the cost of a new driveway culvert shall be paid by the property owner;
(2) The city shall not be required to pay any cost of paving or repairing any driveway approach on any portion of the roadway right-of-way, that being the responsibility of the property owner; and
(3) The city shall assume the cost of regrading to a finish grade the shoulders, ditch, and that portion of the land within the roadway right-of-way, but the city shall not be required to reseed or resod any such area, that being the responsibility of the property owner.
(C) Whenever the city shall have replaced any driveway culvert with a new culvert following roadway construction or improvement thereof, if the property owner shall neglect to pay the cost of that culvert then the city may assess the cost against the property in the same manner as provided in this section.
VACATION OF PUBLIC WAYS
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