(A) It shall be unlawful for any person to cut into any paving, curb or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the Public Services Commissioner. The application for such permit shall contain the following information:
(1) The addition, block and lot which the improvement is to serve;
(2) The location of the proposed improvement with reference to adjacent lot lines; and
(3) The width of the improvement and type of surface which the improvement will connect.
(B) Upon the application being filed, it shall be the Public Services Commissioner’s duty to inspect the place of entry into the paving, sidewalk or curb and approve such application on such terms and conditions, including starting and completion dates, as he or she determines necessary. When cutting into any paving, it shall be the duty of the party to cut the paving under such rules and regulations as may be prescribed by the Public Services Commissioner or the City Engineer. When the applicant is ready to close the opening made, he or she shall inform the Public Services Commissioner, who shall supervise and inspect the materials used and the work done in closing the opening. It shall be discretionary with the Commissioner, under the supervision and inspection of the City Administrator or the City Engineer, to do the work of cutting and closing the paving and charge the costs thereof to the party who obtained such permit.
(C) Before any permit is issued, the applicant for such permit shall deposit with the City Treasurer a sum set by resolution of the City Council for all paving curb or sidewalk to be cut. Such sum shall be set on a per-square-foot cost of construction basis. The deposit shall be retained by the city for the purpose of replacing the paving, curb or sidewalk in the event the work is done by the city. In the event the city elects to require the applicant to replace the paving, curb or sidewalk, the deposit shall be retained by the city until the work is completed to the satisfaction of the Public Services Commissioner. In lieu of making the deposit above set forth, the applicant may, before any permit is issued, execute a bond to the city with a good and sufficient surety or sureties to be approved by the City Council for the total cost of the improvement.
(D) In the event that the work has not been completed by the completion date as set forth on the approved application, the city may cancel the permit if work has not commenced, complete the work and retain a sufficient sum of the deposit to reimburse the city for such completion work or serve notice on the applicant’s bonding company of such failure to complete the work, and if necessary file legal action on applicant’s bond.
(1976 Code, § 8-401) (Ord. 1490, passed 7-20-2020) Penalty, see § 151.999