(a) Occupation with Materials or Machinery. No person shall occupy any street with any materials or machinery incidental to the construction, demolition or repair of any building adjacent to such street, or for any other purpose, without first obtaining a permit therefor from the City Manager. No permit shall be granted until the applicant posts a cash deposit and files a liability insurance policy as required by this section.
(b) Excavations Generally. No person shall make any excavation in or under any street without first obtaining a written permit therefor from the City Manager. No permit shall be granted until the applicant posts a cash deposit and files a liability insurance policy as required by this section, nor shall a permit be issued until the contractor's name, address and State license number is furnished on the permit.
(c) Emergency Excavations. The City Manager may, if the public safety requires immediate action, grant verbal permission to make a necessary street excavation in an emergency, provided that a written permit is obtained on the following business day and that the provisions of this chapter are otherwise complied with.
(d) Curb Cuts. No person shall make an opening in or through any curb of any street without first obtaining a written permit therefor from the City Manager.
(e) Permit Applications; Fee. Permits required by subsections (a) through (d) hereof may be obtained upon application to the City Manager, upon such forms as he or she prescribes. The charge for a permit shall be as set forth in the City's user fee schedule, as amended from time to time by resolution of Council. Such permit shall be revocable by the City Manager for failure to comply with any of the provisions of this chapter, the rules and regulations adopted pursuant to this chapter and the lawful orders of the City Manager, or his or her duly authorized representative, and shall be valid only for the period of time endorsed thereon. An application for a permit required by subsections (a) through (d) hereof shall be deemed an agreement by the applicant to promptly complete the work permitted, observe all pertinent regulations of the City in connection therewith, repair all damage done to the street surface and installations on, over or within such street, including trees, and protect and save harmless the City from all damages or actions at law that may arise or may be brought on account of injury to persons or property resulting from the work done under such permit or in connection therewith.
(f) Liability Insurance Requirements. Where a liability insurance policy is required to be filed as a prerequisite to the issuance of a permit required by subsections (a) through (d) hereof, it shall be in not less than the following amounts, except as otherwise specified in this chapter:
(1) For injury to, or death of, any person in any one accident $100,000
(2) For any one accident resulting in injury to, or death of, more than one person 300,000
(3) For damage to property in any one accident 50,000
A duplicate executed copy or photostatic copy of the original insurance policy shall be filed with the City Manager.
(g) Deposits; Performance Bonds. Where a cash deposit is required as a prerequisite to the issuance of a permit required by subsections (a) through (d) hereof, such deposit shall be in the amount of one hundred dollars ($100.00). Alternatively, or in addition thereto, at the discretion of the City Manager, a performance bond may be required depending on the size of the project, except as otherwise specified in this chapter. Such deposit shall be used to defray all expenses incurred by the City because of the granting of the permit and because of work done under the permit or in connection therewith. Three months after completion of the work done under the permit, any balance of such cash deposit shall be refunded. In any case where the deposit does not cover all costs and expenses of the City, the deficit shall be paid by the applicant.
(Adopting Ordinance; Ord. 95-5. Passed 7-10-95.)