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A. No permit for the use and occupancy of public property shall be issued without written authorization and acceptance of the following indemnification by the applicant, business owner and/or property owner:
The permittee shall be responsible for any and all damages to property or injury to persons arising out of the exercise of the permit or the construction, installation or maintenance of any device or structure. The permittee shall indemnify and save harmless the City and all its officers, agents and employees from all suits, actions or claims of any type brought for or on account of any injuries or damages received or sustained by any person or property related to the exercise of the permit, any act or omission of the permittee, the permittee's agents or employees, or the failure of the permittee to maintain the structure or device or to provide necessary safety devices. The permittee shall defend against any suit, action or claim and pay any judgment, with costs, which may be obtained against the City, its officers, employees or agents growing out of the injury or damage.
B. A certificate of current commercial general liability insurance complying with this section is required prior to the issuance of a permit for the following uses:
1. Monitoring wells or private connections to the public stormwater system. This requirement may be waived at the discretion of the City Engineer or the Stormwater Enterprise Manager.
2. Any special event held on public property.
3. Any other revocable permit that is deemed to be a high potential for liability risk to the City.
C. When required, commercial general liability insurance coverage in the name of the permittee shall have limits not less than those specified and shall name the City as an additional insured:
Five hundred thousand dollars ($500,000.00) combined single limit for bodily injury and property damage for each occurrence or claim made with an aggregate of one million dollars ($1,000,000.00).
D. Each insurance policy shall contain an endorsement to the effect that the insurance carrier shall notify the Mayor at least thirty (30) days in advance of the effective date of any reduction or cancellation of the policy. The cancellation or reduction of insurance coverage shall be cause for automatic suspension of the permit until the coverage shall be reinstated. All policies shall be kept in force for the period of the permit. (Ord. 4765; 1968 Code §10-146; 1980 Code; Ord. 94-80; Ord. 01-42; per correspondence dated 7-8-2003; Ord. 07-31; Ord. 08-44; Ord. 08-45; Ord. 11-19)
The City Council shall establish a schedule of fees for issuance and renewal of revocable permits to cover the cost of administration and enforcement and not as rental of City property. Fees shall be payable upon application. Fees shall not be refunded or prorated in the event of permit suspension or revocation.
All revocable permits shall be renewable unless expressly declared to be nonrenewable on the face of the permit. Renewal shall be obtained from the Mayor upon payment of the required fee if the Mayor has not received any objections in writing concerning the revocable permit. If objections are received, the Mayor shall review the renewal request to determine whether the public interest or the operations of the general City will be jeopardized by renewal of the permit. If the Mayor finds that the operations of the general City or the public interest will be jeopardized, the Mayor shall refuse to renew the permit, subject to appeal to the City Council. (Ord. 4466; Ord. 4765; 1968 Code §§10-148, 10-150; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 03-43; Ord. 11-19)
A. No revocable permit shall be for a term longer than twelve (12) months. All revocable permits shall expire one year after the approval date unless renewed. Failure to pay the renewal fee within thirty (30) days of the billing invoice shall result in revocation of the permit.
B. Revocable permits or licenses for monitoring wells or private connections to the public stormwater system shall remain valid until revoked. The City reserves the right to require future renewal of the permit or license to update stormwater records, or for tracking or auditing purposes. (Ord. 4466; 1968 Code §10-149; Ord. 01-42; Ord. 03-43; Ord. 07-31; Ord. 08-45)
Upon finding that the application is in proper form and that all other conditions and requirements of this part have been met, the Mayor may grant a revocable permit. The Mayor shall countersign and issue the permit in writing and shall keep a file of all permits. (Ord. 4466; 1968 Code §10-158; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 07-31; Ord. 11-19)
There shall be no assignment of any revocable permit, except by express authorization in writing by the Mayor or City Council. Failure to obtain authorization for assignment of the permit shall result in revocation of the permit. (Ord. 4466; 1968 Code §10-151; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 07-31; Ord. 11-19)
The Mayor is authorized to impose on the permittee at any time additional conditions or provisions relating to the revocable permit for the use or occupancy of public property that are reasonable and necessary to protect the public health, safety and welfare, and the safety and welfare of general City equipment and facilities. Without limiting the generality of the foregoing, the Mayor may consider the requirement of a bond or cash deposit to assure the removal of any device or structure at the expiration or in the event of revocation of the permit, or to assure the completion of the work within the required time or restore the surface of the public space to the former conditions upon completion of installation of the structure or device for which the permit is requested.
The Mayor is authorized to waive any of the provisions or conditions of this article in respect to any revocable permit requested by any charitable, educational, nonprofit or eleemosynary institution, organization or association. The insurance requirements found in section 3.2.203 of this part may not be waived without express approval of the City Council. (Ord. 4466; 1968 Code §§10-159, 10-160; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 07-31; Ord. 11-19)
The permittee shall inform himself or herself, and keep fully informed, and comply with, all Federal and State laws, Municipal laws and ordinances, the Charter of the City, and all rules and regulations, including, but not by way of limitation, the various construction codes of the City as the same may be now or hereafter amended 1 . The permittee shall at all times protect and indemnify the City, its officers, agents and employees against any claim of liability arising from or based on violations of the laws, ordinances or regulations caused by any actions or omissions of the permittee arising out of the exercise of the permit. (Ord. 4466; 1968 Code §10-152; Ord. 01-42; Ord. 07-31)
Notes
| 1 | 1. For adoption by reference of building and construction codes, see chapter 7 of this Code. |
The site or sites of the permitted use or occupancy or both shall have adequate safeguards to protect the public against damage or injury, and shall be kept in a clean and orderly manner. Failure to maintain a safe, clean and orderly site shall be cause for suspension of the permit pending correction of the cause of suspension or revocation if such fault be continued or of aggravated nature. (Ord. 4466; 1968 Code §10-153; Ord. 01-42; Ord. 07-31)
A. The use and occupancy of public property for which revocable permits may be issued is classified in three (3) categories: first, "subsurface space", second, "surface uses", and third, "spaces above surface of public property".
B. Use and occupancy of public property for which a revocable permit is issued may be exclusive in the name of the permittee thus prohibiting others from entering upon the property exclusively permitted without the invitation and permission of the permittee.
C. The permittee may charge fees for the use of the public property by others to cover the cost of the items as insurance, barricading, portable toilets, and other items. The permittee shall be required to provide a complete accounting of all fees charged. (Ord. 4466; 1968 Code §10-154; Ord. 91-20; Ord. 01-42; Ord. 07-31)
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