(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 install or construct any structure in or on, or otherwise occupy, use, or obstruct 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 and the approval of the City Council 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 installation, construction, or use;
(c) Detailed drawings and specifications of proposed installation, construction, or use;
(d) Estimated period of time of proposed installation, construction, or use; and
(e) The cost of work for the proposed installation, construction, or use.
(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) The Director of Public Works shall review the application for compliance with the following standards and present it to the City Council for its approval or denial based upon the applicant’s compliance with the following standards:
(a) The applicant’s proposal will not unreasonably interfere with vehicular and pedestrian traffic;
(b) Prior to commencing any work, the applicant will erect suitable barriers, warning signs, and provide sufficient light during the night time to prevent injury to persons;
(c) The health, welfare, and safety of the public will not be unreasonably injured or affected;
(d) The applicant will provide the City with proof of liability insurance, naming the City as an additional insured, in amounts determined by the City Council 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 City Council to be appropriate to the circumstances described in the application;
(e) 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, alteration, installation, construction, or use; and
(f) The applicant has agreed to such other conditions deemed appropriate and necessary by the City Council 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, § 8-8-2) (Ord. 08-04, passed 3-24-20) Penalty, see § 150.999