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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)
A. The space below the surface of public property may be used and occupied in connection with the use of the adjoining private property or for uses in the public interest not inconsistent with the provisions of this part, other laws and ordinances regulating the use of the property. No use shall be authorized which will interfere with any existing or proposed underground utility line or installation or other lawfully existing underground installation. "Proposed" means scheduled for installation within the following twelve (12) month period.
B. The person or persons desiring a revocable permit for the use of subsurface space, with the exception of private stormwater connections, shall submit with the application detailed plans including, but not limited to:
1. The exact location, size, dimensions, apertures, ventilation and landscaping of the underground structure or device.
2. The period of excavation and space required for excavation.
3. A description of protective and safety devices to be used during the excavation, including, but not limited to, barricades, warning lights and directional signs.
4. The legal description of adjoining land to be served by the permit, if pertinent.
The issuance of a revocable permit shall not relieve the permittee of the obligation to obtain from the department having jurisdiction all required permits and to pay the required fees therefor, all in accord with applicable City ordinances.
C. The permittee shall pay for the installation and construction of any structure or device below the surface of public property, and shall pay all costs and expenses attendant to the removal of the structure or device and backfilling of the space in the event the permit is rescinded.
D. Openings from the spaces below the surface of public property shall be covered to prevent damage or injury. The permittee may open access to the space below the surface of public property at any time as long as there are adequate safeguards to protect the public from damage or injury, and the time of opening does not inconvenience the public. It shall be unlawful to leave open any aperture to the space below so as to endanger persons, animals or vehicles. Ventilation shall be by means of grates or other devices so as not to endanger persons or property.
E. The entire construction or installation shall be subject to the direction and approval of the Mayor.
F. A revocable permit may be issued for the following:
1. Vaults.
2. Storage tanks. Fire Department approval is required for storage of flammables.
3. Equipment or material drops.
4. Monitoring wells or private stormwater connections to the public stormwater system or monitoring wells located in City right of way. A license may be issued for monitoring wells or private connections to the public stormwater system located in drainage easements, tracts or other City owned property.
5. Communication conduits.
6. Any other lawful similar uses or occupancies as determined by the Mayor or Utilities Executive Director.
G. All permittees of subsurface uses now existing shall be required to comply with this article upon renewal of permit; except that plans need not be submitted. (Ord. 4466; 1968 Code §10-155; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 07-31; Ord. 08-44; Ord. 08-45; Ord. 11-19)
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