(A) Any person or utility company desiring to open or otherwise disrupt the surface of any public street, sidewalk, or any area within publicly dedicated right-of-way under the ownership and/or maintenance of the city shall obtain an application for permit to cut, excavate, or bore in the city right-of-way from the city ("permit") prior to commencing work. The permit application, on a form provided by the city, shall be completed and submitted to the Public Works Director prior to the commencement of any work. The Public Works Director, or a designee, shall promptly review the submitted application for permit and upon determination that all requisite information has been submitted, approve and issue the permit without undue delay. The provisions set forth in §§ 93.25 through 93.30 shall apply to the permit holder and his or her employees, agents, and subcontractors.
(B) The issuance of a permit by the city shall obligate the permit holder to perform all work in accordance with the submitted permit application. The permit holder, during the course of street opening operations, shall be responsible for properly securing, maintaining, and marking the work area sufficiently to warn the public and avoid any safety hazard to vehicles and pedestrians. The permit holder shall be responsible for the defense of any claim from any individual regarding personal injury and/or damage to public or private property resulting from the work area covered by the permit.
(Ord. 2005-02, passed 3-21-05) Penalty, see § 93.99