A. Temporary Sidewalk Or Ramp: If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with applicable standards for such.
B. Temporary Gravel Surface: Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.
C. Disturbance Of Property:
1. At any time a permittee disturbs the yard, residence or the real or personal property of a private property owner or the city, such permittee shall ensure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work.
2. The costs associated with the disturbance and the return, replacement and/or restoration shall be borne by the permittee. Further, a permittee shall reimburse a property owner or the city, for any actual damage caused by the permittee, its subcontractor, or its independent contractor, in connection with the disturbance of such property. However, nothing in this subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment.
D. Acts Included: Examples of types of acts specifically included in this section are the following:
1. Removal of sod, lawn, shrubbery, flowers, trees, driveways, or fence, to install, trench, repair, replace, remove or locate equipment, sprinkler systems, cable or other appurtenances of the permittee;
2. Installation or removal of equipment or other appurtenances of the permittee's system within a private property owner's property or residence which requires drilling, excavating, plastering, or the like on the part of the permittee;
3. Temporarily relocating or moving a piece of personal property or a fixture of a private property owner (such as a motor vehicle, fence, air conditioning, heating unit, or the like) in order to perform some sort of construction, maintenance or repair by the permittee; or
4. Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination or nonrenewal of the franchise (if applicable).
E. Water Flow Not Interrupted: Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the department prior to the blockage of the channel.
F. Applicable To Subcontractors: The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employ to perform the tasks pursuant to the permit.
G. Exception: The requirements of this section shall not apply to the removal by a permittee of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the department granting the property owner the right to install a permanent structure on a public way, and such written permission has been recorded in the office of the county recorder.
H. Newly Resurfaced And Reconstructed Roads: No permit shall be granted to excavate any road or highway that has been resurfaced or reconstructed within three (3) years prior to the date of the application for permit except in cases of emergency or as approved by the department upon such terms and conditions as the city engineer deems appropriate. The city shall make available upon request a schedule of the planned dates that roads in the city will be resurfaced.
I. Notification Of Emergency: Any permittee shall immediately notify the city of any emergency situations (including, without limitation, damages to pipes, lines or other underground apparatus of electrical, telephone, water or other utility service providers) caused by or resulting from such permittee's activities on a public way.
J. Markings: Any permittee marking the asphalt or concrete surfaces of any public way shall, subject to any applicable state law: 1) make such markings as unobtrusive as possible; and 2) use only paint or another marking material that disintegrates or otherwise is obliterated as soon as possible. (Ord. 08-18, 7-17-2008)