(A) Permit or license required. It is unlawful for any person, except companies having franchises with the City, and except in the case of an emergency involving health and safety, to excavate or alter any street, sidewalk, alley, or other right-of-way in the City without first obtaining a permit or license from the Director of Public Works as hereinafter provided.
(B) Application for permit or license.
(1) An applicant for a permit or license shall file with the Director of Public Works an application showing:
(a) Name and address of applicant;
(b) Location of proposed excavation or alteration;
(c) Detailed drawings and specifications of proposed excavation or alteration;
(d) Estimated period of time of proposed excavation or alteration; and
(e) The cost of work for the proposed excavation or alteration.
(2) Every application shall include the payment of a fee equal to 3% of the cost of work set forth in the application plus $20 per specification sheet. Fees shall be payable to the City.
(3) A company or business having a franchise with the City need not apply for a permit or a license, however, such company or business shall:
(a) Notify the Director of Public Works prior to the start of work (except in the case of an emergency involving health and safety);
(b) Comply with all blue stake and other applicable laws and regulations;
(c) Prior to commencing work, erect suitable barriers and warning devices, and provide sufficient light during the night time work to prevent injury to persons; and
(d) Comply with § 150.062.
(C) Standards for issuance of permit or license. The Director of Public Works shall issue a permit or license after determining that:
(1) The applicant’s proposal will not unreasonably interfere with vehicular and pedestrian traffic;
(2) The applicant will erect suitable barriers, warning signs, and provide sufficient light during the night time to prevent injury to persons, prior to commencing any work;
(3) The health, welfare, and safety of the public will not be unreasonably injured or affected;
(4) The applicant will provide the City with proof of liability insurance, naming the City as an additional insured, in amounts determined by the Director of Public Works to be appropriate, but not less than $100,000 per person and $300,000 per occurrence, and proof of property damage liability insurance in an amount determined by the Director of Public Works to be appropriate to the circumstances described in the application;
(5) The applicant has agreed to indemnify and to save and hold the City harmless from any damage or liability arising out of the applicant’s excavation or alteration; and
(6) The applicant has agreed to such other conditions deemed appropriate and necessary by the Director of Public Works to protect the peace, health, and safety of the public, including the posting of a security bond in an amount necessary to guarantee the cost of the applicant’s compliance with permit or license conditions and of the maintenance and restoration of the public right-of-way.
(Prior Code, § 8-8-1) (Ord. 08-04, passed 3-24-2008) Penalty, see § 150.999