A. Review; Past Performance: The public works director shall review all applications and may deny the issuance of permits to contractors, providers, utility companies or other permit applicants who have shown by past performance that in the opinion of the public works director they will not consistently conform to the standards and specifications, or the requirements of this chapter.
B. Plans, Sketches May Be Required: When necessary, in the judgment of the public works director, to fully determine the relationship of the work proposed to existing or proposed facilities within the public rights of way, or to determine whether the work proposed complies with the standards and specifications, the public works director may require the filing of engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved.
C. Approval, Permit Required; Driveways: It shall be unlawful for any person to commence work upon any public right of way until the public works director has approved the application and until an excavation permit has been issued for such work. Any installation of or modification to a driveway within the public right of way shall also require review and approval from the community development director or his or her designee.
D. Appeals: The disapproval or denial of an application by the public works director may be appealed by the applicant by filing a written notice of appeal with the city recorder within ten (10) calendar days of the action of the public works director. The appeal shall be conducted in accordance with chapter 3-7 of this code.
E. Limitation Of Authority: In approving or disapproving work within any public right of way, or permits therefor, in the inspection of such work, in reviewing plans, sketches or specifications, and generally in the exercise of the authority conferred upon him/her by this chapter, the public works director shall act in such manner as to preserve and protect the public right of way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons which have no relationship to the use, preservation or protection of the public right of way.
F. Exception To Permit Requirement: An excavation permit is not required for public utility providers providing routine maintenance, accessing their utility within the right of way, including exercising valves, checking manholes and other work that does not require road excavation and that is approved by the public works director. However, all work within the right of way, including routine maintenance, shall be performed in accordance to the city standards and specifications, the "Manual On Uniform Traffic Control Devices" and other laws, regulations, and generally recognized practices of the industry. (Ord. 2011-24, 11-15-2011; amd. Ord. 2023-65, 11-14-2023)