DIVISION 3. PERMITS AND LICENSES

§ 42-60 CONSTRUCTION OR REPAIR PERMIT.

   No sidewalk shall be built, rebuilt, constructed or repaired in the City without a permit therefor being first obtained from the Director of Public Works and Utilities. All sidewalks shall be built in accordance with the specifications in this article. The Director of Public Works and Utilities shall, upon applications therefor, be authorized to issue such permits and to charge a fee therefor, which fee shall cover cost of issuing such permit and the cost of inspection, checking and supervision and shall be in accordance with the schedule of fees in Chapter 26 of this Code.

(Ord. 505, passed 10-5-1942; Ord. 1376, passed 4-8-1957)

§ 42-61 RETURN OF PERMIT.

   All permits issued shall be returned by the applicant to the Director of Public Works and Utilities within 30 days from the date thereof with a statement thereon by the builder of the area and the number of lineal feet of sidewalk or approach constructed, rebuilt or repaired under the same, the location thereof with respect to lot lines, the date the work was completed and the name or initials of the builder and the year on the stamp or mark by which the work may be identified.

(Ord. 505, passed 10-5-1942; Ord. 1376, passed 4-8-1957)

§ 42-62 BONDED SIDEWALK BUILDER LICENSE.

   Any person desiring to engage in the business of building, rebuilding or repairing sidewalks and approaches as a bonded and licensed sidewalk builder without City inspection shall make written application for a license therefor to the City Clerk, which application shall contain the full name, age and place of residence of the person if an individual; the names, ages and places of residence of each person if a partnership; and the name, address, State of incorporation and title and signature of the official authorized to sign the application if a corporation, together with such additional information as the City Clerk may require. The application shall also express the applicant’s willingness to be governed in all respects by all rules, regulations and specifications which are now or may be adopted by the Director of Public Works and Utilities for the building, rebuilding or repair of sidewalks and approaches and shall be signed by two or more reputable citizens vouching for the applicant’s qualifications for each license. If the applications be approved by the Director of Public Works and Utilities, upon payment of a license fee as specified in Chapter 26 of this Code to the City Clerk, the applicant shall be entitled to receive a sidewalk builder’s license. No such license shall be granted for more than one year. Every license granted under the provisions of this article shall automatically terminate on April 30 of each year. Upon obtaining the license and filing a sidewalk builder’s bond with the City Clerk, as specified herein, the applicant shall upon approval of the bond by the Chief Legal Officer, be entitled to receive a bonded sidewalk builder’s certificate authorizing the applicant to construct, reconstruct or repair sidewalks and approaches without City inspection, upon obtaining a permit for the work as provided in § 42-60.

(Ord. 505, passed 10-5-1942; Ord. 1376, passed 4-8-1957)

§ 42-63 SUSPENSION OR REVOCATION.

   The City Council may of its own initiative, for incompetency or for any unlawful act, violation of the provisions of this article, of any other provision of this Code or any other ordinance relating to the building, rebuilding or repair of sidewalks or for any failure, refusal or neglect to strictly comply with the rules, regulations and specifications for the building, rebuilding or repair of sidewalks contained in this article or prescribed by the Director of Public Works and Utilities, suspend or revoke any license or permit issued under this article. The findings of the City Council in all such matters shall be final and conclusive; provided, that the City Administrator may for any of the cases enumerated in this section suspend the license or permit until the next regular meeting of the City Council, and cause the license or permit to be delivered to him or her. At the next regular meeting of the City Council the sidewalk builder or licensee may appear before the City Council and be heard and the City Council, after the hearing, may revoke or suspend the licensee permanently or for a lesser period as it may deem advisable.

(Ord. 505, passed 10-5-1942)

§ 42-64 FEES TO COVER COST OF GRADE STAKES AND ENGINEERING SERVICES.

   In the event grade stakes are required because adjacent walks are not built to proper grades or in the event the owner has not employed engineering services competent to set grade stakes to proper grades of if, in the judgment of the Director of Public Works and Utilities, grade stakes or other engineering services are required for the proper completion of the work, certain fees shall be paid to the City Treasurer to cover the cost to the City of setting the grade stakes and providing other necessary engineering services and materials. The fees shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.

(Ord. 505, passed 10-5-1942; Ord. 1376, passed 4-8-1957; Ord. 3418, passed 2-8-1999)

§ 42-65 DISPOSITION OF FEES.

   All money collected from granting licenses and all fees obtained for issuing permits under this article shall be credited to the general fund.

(Ord. 505, passed 10-5-1942; Ord. 1376, passed 4-8-1957)

§ 42-66 SIDEWALK BUILDERS’ BOND — AMOUNT; CONDITIONS.

   All sidewalk builder’s bonds provided for by the terms of this article shall be in the penal sum of $2,000.00 or more, as the City Council may determine, with a surety company duly authorized to do business in the State as surety, such surety to be approved by the City Council. The bond shall be executed to the City and conditioned upon the faithful observance of the provisions of this Code and other ordinances in effect at the date thereof concerning the building, rebuilding or repair of sidewalks; and further conditioned that the principal executing the same shall construct all sidewalks of good material and workmanship and in strict accordance with all specifications and regulations prescribed by the Director of Public Works and Utilities for the construction, repair or maintenance of sidewalks; and further conditioned for the payment to the City and to all persons entitled thereto, of the cost and expense of rebuilding or repairing the sidewalks at any time within a period of three years from January 1, next following the completion of the work, any defect due to the construction of such which, in the judgment of the Director of Public Works and Utilities, may require the same to be rebuilt or repaired; also to indemnify and save harmless the City on account of any claim for damages or injuries to persons or property due to the failure to maintain sufficient guard lights or barriers to maintain the street where the work is being constructed, reconstructed or repaired in a condition reasonably safe and fit for public travel and in compliance with the provisions of this Code and other ordinances of the City.

(Ord. 505, passed 10-5-1942; Ord. 1376, passed 4-8-1957)

§ 42-67 SAME — RECOVERY ON.

   Any sidewalk builder’s bond may be prosecuted and recovery had thereon by the City or by any person who shall have suffered any injury or damage by reason of inferior quality of materials or improper construction or poor workmanship in any sidewalk, or for any injury or damage suffered on account of the sidewalk becoming out of repair within the period covered by the bond, or on account of any failure to maintain the street where the work was constructed in a condition reasonably safe and fit for public travel. All suits may be brought in the name of the City by any person, for his or her use and benefit; provided, that the City shall not be liable for any costs occasioned by any such suit.

(Ord. 505, passed 10-5-1942)

§ 42-68 EFFECT OF FAILURE TO REPAIR DEFECTIVE WORK.

   Failure on the part of the builder to replace defective work within a reasonable time after written notice from the Director of Public Works and Utilities to do so, shall be deemed sufficient cause of cancellation of his or her right to construct additional walks and to cause proper repairs to be made at the expense of the sureties of the builder.

(Ord. 505, passed 10-5-1942; Ord. 1376, passed 4-8-1957)

ARTICLE VI. SNOW REMOVAL VEHICLES

§ 42-69 LICENSES — REQUIRED.

   No person shall operate or engage in the business of operating within the City, any vehicle for the removal of snow from the streets, sidewalks and other public places in the City without a license for that purpose from the City issued by the City Clerk.

(Ord. 839, passed 1-10-1949)