(A) It shall be unlawful for any person, partnership, corporation, or other entity to cut, drill, dig, or excavate in or under a public right-of-way containing a dedicated street or opened alley without having first obtained a right-of-way permit from the City Engineer's office except under division (B) below.
(B) If it is necessary in an emergency to undertake work in a public right-of-way to restore utility service to a person or entity when the office of the City Engineer is closed, work may commence without a permit. The permit shall, however, be requested on the first day on which the City Engineer's office is open following the commencement of the work.
(C) The permit shall be obtained in the City Engineer's office City Building, 300 Cherry Street, and shall contain, but not be limited to, the following information:
(1) The name, address, and phone number of the applicant.
(2) The name and phone number of person performing the work.
(3) The nature of the work to be performed.
(4) The dimensions of any street cuts involved.
(D) These permits shall be issued for any activity affecting public rights-of-way including, but not limited to, the following:
(1) Constructing or repairing sidewalks.
(2) Constructing or repairing drive approaches.
(3) Constructing or repairing curbs.
(4) Removing or planting vegetation, as defined in § 102.30(A).
(5) Repairing sewers or sewer taps.
(6) Repairing water lines or taps.
(7) Cutting streets for any purpose related to utility installation or repair.
(8) Boring under, or pushing under right-of-way to install utility cables, pipes, and the like.
(E) Permit fees shall be as follows:
(1) A street cut permit shall be $15. Several cuts may be grouped upon a single permit without additional fee provided the cuts are within the same lineal block and are made within 60 days of the first cut.
(2) Residential drive approach: $5.
(3) Commercial or industrial drive approach: $10.
(F) The applicant for a right-of-way permit shall either file or have on file with the City Engineer's office, an indemnification agreement in which the applicant agrees to indemnify and hold harmless the city from and against all claims, actions, damages, and expenses, including reasonable attorney fees, based on any alleged injury (including death) to any person or damage to any property arising, or alleged to have arisen, out of any act of commission or omission with respect to the activity or work of applicant (or persons, corporations, or firms authorized by applicant) in a public right-of-way pursuant to the right-of-way permit.
(G) The permit shall be issued for a 60-day time period commencing at the time of its issuance. Upon applicant's written request, if deemed appropriate by the City Engineer, the permit may be extended for 60 additional days.
(Ord. 26-C-86, passed 10-17-86) Penalty, see § 100.99