10-20-250 Violation – Penalty.

   (a)    Any person who violates this Article II of Title 10* or applicable rules relating to underground work shall be fined not less than $2,500.00 nor more than $5,000.00 for each offense.

* Editor’s note – As set forth in Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 9. Intended reference was likely Article II of Chapter 10-20; future legislation will correct if needed.

   (b)   In addition to the fine specified in subsection (a), any person who violates Section 10-20-203(b) shall be required to restore the surface of any public way or other public place which may be opened or otherwise disturbed. If the bituminous surface of a street was opened, the violator shall be required to resurface the entire street from the intersections on either side of the opening made. All work required under this subsection shall be done to the satisfaction of the Commissioner, in accordance with public way restoration standards. These standards shall be in the form of rules promulgated by the Commissioner.

   (c)   In addition to any fine imposed under subsection (a), any person who accesses a utilidor or who uses conduits connected to the utilidor without a permit from the Department of Transportation shall be liable for a fine of $500.00 per linear foot used or installed from the utilidor.

(Prior code § 33-11; Amend Coun. J. 1-14-97, p. 37762, § 22; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 9)

ARTICLE III. PRIVATE PAVING (10-20-300 et seq.)

10-20-300 Board of local improvements authorization.

   No person shall build, construct or lay a pavement by private contract on any public way in the city, unless he first shall have made application to the board of local improvements and otherwise complied with the licensing and permitting requirements of this chapter.

   Before such permit is issued, the said applicant shall deposit with the board of local improvements a sum sufficient to cover the estimated cost of engineering, inspection, supervision and other services. Against such deposit, charges shall be made by the board of local improvements for such services as may be required from time to time at such rates as will correspond to those established by the city council for similar services. Nothing in this section shall be held to apply to pavements laid by special assessment or special taxation or to the construction, building or laying of pavement in connection with the operation, maintenance, improvement, installation or removal of parking meters by a person, or the person's designee, acting pursuant to a concession agreement approved by the city council governing the operation, improvement, installation, removal and maintenance of, and collection of fees from, certain designated parking meters.

(Prior code § 33-12; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 23; Amend Coun. J. 12-4-08, p. 50506, § 13)

10-20-305 Notice.

   Upon the issuing of any permit authorizing the pavement of any public way by private contract, it shall be the duty of the person to whom such permit is issued to notify the board of local improvements of the time of the commencement of such work. No work shall be done under such permit until directed by the board of local improvements.

(Prior code § 33-13; Amend Coun. J. 1-14-97, p. 37762, § 24)

ARTICLE IV. DRIVEWAYS (10-20-390 et seq.)

10-20-390 Definitions.

   For purposes of this article, the following definitions shall apply:

   "Commercial driveway" means any Class B driveway as specified in section 10-20-420 of this Code.

   "Commissioner" means the city's commissioner of transportation.

   "Long-term leaseholder" means a person holding a lease, with a minimum term of 10 years, for a property to which a driveway is connected or to be connected.

(Added Coun. J. 6-30-10, p. 95412, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 8)

10-20-400 Supervision.

   The authorization for, and issuance of, a use of public way permit for driveways shall be under the direction and supervision of the commissioner, and the location and construction of the same shall be in accordance with the plans and specifications as approved by the commissioner.

(Prior code § 33-14; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 27; Amend Coun. J. 6-9-99, p. 5453; Amend Coun. J. 6-30-10, p. 95412, § 1)