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Applicants for a permit pursuant to this chapter, shall make application for such permit on a form provided by the Director of Public Works or his or her designee. The applicant for the permit shall certify thereon that he or she is prepared and agrees to remove any and all tree branches, logs, stumps and other debris resulting from such work from the premises wherein the work was performed to a proper disposal site as determined by the City, within five days from the date of cutting of the branches, logs and stumps and other debris which resulted from the performance of such work. (Ord. 41-11. Passed 10-3-2011.)
Each applicant shall file certificates of insurance or evidence thereof with the Director of Public Works or his or her designee that he or she is protected under Ohio workers’ compensation law and that he or she maintains such insurance as will protect him or her from other claims or damages to property or for personal injury, including death, which may arise from the operations under such permit, whether such operations are by the permit holder or any other permit holder who may be a subcontractor employed thereby or any one directly or indirectly employed by the permit holder or subcontractor thereof. The permit holder shall file with the Director of Public Works or his or her designee and maintain in full force and effect a contractor's liability policy, naming the City as an additional insured, in a form approved by the Director of Law covering all operations within the City by the permit holder on either public or private property providing liability insurance coverage for bodily injury in the amount of one hundred thousand dollars/three hundred thousand dollars ($100,000/$300,000) and for property damages in the amount of at least fifty thousand dollars ($50,000).
(Ord. 41-11. Passed 10-3-2011.)
When evidence discloses that the permit holder has refused or failed to comply with the provisions of this chapter, the Director of Public Works or his or her designee may require the permit holder to furnish a performance bond in the amount of five thousand dollars ($5,000) guaranteeing full faith and compliance with the provisions of this chapter and binding the surety thereon to correct or abate any violations of this chapter whenever the applicant for permit named as principal on such bond refuses, neglects or fails to correct or abate such violation within a reasonable time as set by the Director of Public Works or his or her designee.
(Ord. 17-10. Passed 3-1-2010.)
The Department of Public Works is authorized to revoke a permit issued pursuant to this chapter upon the advice from the Director of Public Works or his or her designee for one or several of the following reasons:
(a) Misrepresentation of a material fact by the applicant in obtaining a permit or the renewal thereof.
(b) Violation of any provision of this chapter or that such person, firm or corporation holding a permit pursuant to this chapter is engaged in practicing fraud upon any person, firm or corporation for whom he or she is performing forestry or tree surgery for hire within the City. (Ord. 41-11. Passed 10-3-2011.)
In the event the application for a permit is not approved or in the event the permit issued under this chapter is revoked, the applicant shall be notified of the refusal or revocation in writing and such notice shall be sent by certified mail to the applicant at the address of the applicant as set forth in the application for a permit. The applicant shall have ten days after receipt of such notice to appeal such refusal or revocation. Such appeal shall be perfected by filing a written notice of appeal with the Director of Public Safety. Thereupon, the applicant shall have not less than ten days notice of the date and place of the hearing. The appeal shall be heard by the Board of Zoning Appeals, which Board shall have the power after such hearing to either affirm or overrule the decision of the Director of Public Works or his or her designee. The Board shall cause notice of its decision to be sent by certified mail to the applicant at the address of the applicant as set forth in the application within thirty days of the date of hearing.
(Ord. 41-11. Passed 10-3-2011.)
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