(A) Work may be allowed to be done without permits under special emergency circumstances. In this case, each applicant shall immediately notify the city Engineering Department of any event regarding its equipment which it considers to be an emergency that affects the vehicular traffic. The applicant may proceed to take whatever actions are necessary in order to respond to the emergency. Within one business day after the occurrence of the emergency, the applicant shall apply for the necessary right-of-way permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance for the actions it took in response to the emergency. If a storm, flood, or other citywide emergency event causes system-wide damages to the equipment of a utility service company, requiring emergency repairs without obtaining the necessary right-of-way permits, the director may, upon request by the company sustaining such damage, waive or modify the requirement that permits be obtained after the making of emergency repairs in response to such event. If the director becomes aware of an emergency regarding an applicant's equipment, the department may attempt to contact the local representative of each applicant affected or potentially affected by the emergency. In any event, the department may take whatever action it deems necessary in order to respond to the emergency, the cost of which shall be borne by the applicant whose equipment occasioned the emergency.
(B) Except in an emergency, any person who obstructs, works and/or excavates in the right-of-way without a permit must immediately cease work in right-of-way and obtain a permit, additional fees shall be in the amount set in the schedule of fees adopted by the City Council by resolution; in addition, the city may assess an administrative penalty against such person.
(Ord. 2720, passed 2-28-2023)