(A) Prohibition. It shall be unlawful for any person, firm or corporation to deposit or store on any sidewalk, street, parkway or other public property, any building material, fuel, tools or apparatus or other supplies, or to block any part of the public way for construction purposes, unless a street obstruction permit is first obtained from the Office of the Director of Community Development.
(B) Application for permit.
(1) Applications for street obstruction permits shall be submitted to the Office of the Director of Community Development. The application shall describe the location of the public property to be used or occupied, the reason that makes it necessary to occupy public property and the length of time of the proposed occupation.
(2) The Director of Community Development may issue a street obstruction permit to the applicant provided said applicant has complied with all provisions of this chapter. A permit shall not be issued if in the opinion of the Director of Community Development the use of public property is not necessary to accomplish the construction project, but merely is a convenience to the applicant.
(C) Fee. The fee for a street obstruction permit shall be in accordance with the most current fee schedule, approved by the City Council and on file in the Office of the Director of Community Development. The fee described is for a period of 14 days or less. An additional fee equal to the original shall be charged for each additional 14-day period.
(D) Street obstruction bond and insurance. Before issuance of a street obstruction permit, the applicant shall have on file in the Office of the Director of Community Development a corporate surety bond, as set by Council, and a certificate of public liability insurance.
(1) The bond shall be written on a form supplied by the city which shall assure the restoration of public property and shall indemnify, defend and save harmless the city, its officers, designees and employees from all claims, loss or damages arising in any manner from the execution or protection of any work he or she may do in or on city property and shall provide that the applicant will comply with all ordinances, requirements and regulations of the city pertaining to the use or obstruction of public property,
(2) The public liability insurance shall name the city as an insured and shall be in the amount of not less than $500,000 for injuries, including accidental death, to any one person, and in an amount not less than $1,000,000 on account of any single accident; and property damage insurance in an amount of not less than $100,000 on account of any single accident.
(E) Protection of the public. Whenever a building or structure is erected, altered, repaired, removed or demolished, the operation shall be conducted in a safe manner and suitable protection for the general public shall be provided. Every construction operation located five feet or less from the street lot line shall be enclosed with a fence not less than four feet high to prevent entry of unauthorized persons. When located more than five feet from the street lot line, a fence or other barrier shall be erected when required by the Director of Community Development. All fences shall be of adequate strength to resist wind pressure of 15 p.s.i. of net exposed area.
(1) Sidewalk bridge. When ground is excavated from under a sidewalk, a sidewalk bridge shall be constructed at least four feet wide, or a protected walkway four feet wide shall be erected in the street.
(2) Sidewalk shed (within ten feet of street lot line). Whenever any building or part thereof, is located within ten feet of the street lot line, the Director of Community Development may require a sidewalk shed to be erected and maintained for the full length of the building on all street fronts for the entire time that work is performed on the exterior of the building.
(3) Walkway. An adequately lighted walkway at least four feet wide and eight feet high in the clear shall be maintained under all sidewalk sheds for pedestrians. Where ramps are required, they shall conform to the provisions of the accessibility standards of the state.
(4) Thrust-out platforms. The Director of Community Development may substitute other protections in lieu of sidewalk sheds when deemed adequate to ensure the public safety.
(5) Watchperson or flagger. Whenever a building is being demolished, erected or altered, a watchperson or flagger may be required by the Director of Community Development to warn the general public when intermittent hazardous operations are conducted across the sidewalk or walkway.
(Prior Code, § 9-89) (Ord. 94-11B, passed 4-21-1994) Penalty, see § 150.999