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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
DEPARTMENT. The Department of Public Works.
DIRECTOR. The Director of Public Works.
STREET. All of the land lying between property lines on either side of all streets, alleys and boulevards in the city and includes lawn extensions and sidewalks and the area reserved therefor where such are not yet constructed.
(1993 Code, § 58-26)
Cross reference:
Definitions and rules of construction generally, see § 1-2
The City Manager may make additional regulations pertaining to openings and excavations in the streets, curb cuts, street obstructions and house moving, which regulations shall be subject to the approval of the City Council. No person shall fail to comply with any such regulations.
(1993 Code, § 58-27)
(A) Permits. Where permits are authorized in this article, they shall be obtained upon application to the Director, upon such forms as he shall prescribe, and there shall be a charge as prescribed by resolution of the City Council from time to time for each such permit, except as otherwise provided by resolution of the Council. Such permit shall be revocable by the Director for failure to comply with this article, rules and regulations adopted pursuant to this article, and the lawful orders of the Director or his duly authorized representative. The permit shall be valid only for the period of time endorsed on the permit. Application for a permit under the provisions of this article shall be deemed an agreement by the applicant to promptly complete the work permitted, observe all pertinent laws and regulations of the city in connection with such work, repair all damage done to the street surface and installations on, over or within such street, including trees, and protect and save harmless the city from all damages or actions at law that may arise or may be brought on account of injury to persons or property resulting from the work done under the permit or in connection therewith.
(B) Insurance. Where liability insurance certificates are required to be filed in making application for a permit, they shall be as specified by the City Council. A duplicate executed copy or photostatic copy of the original of such insurance policy, approved as to form by the City Attorney, shall be filed with the City Clerk.
(C) Cash deposits. Where cash deposits are required with the application for any permit under the provisions of this article, such deposit shall be in the amount set by resolution of the City Council, except as otherwise specified in this article. Such deposit shall be used to defray all expenses to the city arising out of the granting of the permit and work done under the permit or in connection therewith. Six months after the completion of the work done under the permit, any balance of such cash deposit unexpended shall be refunded. If the deposit does not cover all costs and expenses of the city, the deficit shall be paid by the applicant.
(1993 Code, § 58-28)
No person shall place any merchandise or material on any sidewalk or any merchandise or material within any street area, except that a reasonable quantity of material may be stored within such area for a period not exceeding 90 days upon permit issued by the Department. At least 5 feet of sidewalk space shall be kept clear for free passage at all times. Such goods or material shall be barricaded in a manner prescribed by the Department, and the granting of such authority shall be conditioned upon obtaining a permit from the Director and posting a cash deposit and filing an insurance certificate as required by § 58-28.
(1993 Code, § 58-29) (Ord. passed 5-10-2004)
Utility poles may be placed in such streets as the Director shall prescribe and shall be located thereon in accordance with the directions of the Director. Such poles shall be removed or relocated as the Director shall from time to time direct. Where utility easements exist at the rear of lots, poles shall be located in such easements, if feasible in the opinion of the Director.
(1993 Code, § 58-30)
Every owner and every person in control of any estate who maintains a sidewalk vault, coal hole, manhole or any other excavation or any post, pole, sign, awning, wire, pipe, conduit or other structure in, under, over or upon any street which is adjacent to or a part of his estate shall do so only on condition that such maintenance shall be considered as an agreement on his part with the city to keep the excavation or structure and the covers thereof and any gas and electric boxes and tubes thereon in good repair and condition at all times during his ownership or control thereof. Every such owner or person shall indemnify and save harmless the city against all damages or actions at law that may arise or be brought by reason of such excavation or structure being under, over, in or upon the street or being unfastened, out of repair or defective during such ownership or control.
(1993 Code, § 58-31)
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