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Lawrence Overview
Lawrence, IN Code of Ordinances
LAWRENCE, INDIANA CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE 1. GOVERNMENTAL STRUCTURE AND ADMINISTRATION
TITLE 2. PLANNING AND DEVELOPMENT
TITLE 3. PUBLIC HEALTH AND SAFETY
TITLE 4. BUSINESS AND COMMERCE
TITLE 5. PUBLIC WORKS AND FACILITIES
ARTICLE 1. SEWER UTILITIES
ARTICLE 2. PUBLIC WAYS AND WASTE DISPOSAL
CHAPTER 1. PUBLIC RIGHT-OF-WAY
CHAPTER 2. STREET AND SIDEWALK CONSTRUCTION
CHAPTER 3. GARBAGE AND TRASH COLLECTION
CHAPTER 4. SOLID WASTE DISPOSAL FACILITIES
CHAPTER 5. SANITARY SEWER CONSTRUCTION
CHAPTER 6. STORM WATER MANAGEMENT AND SEDIMENT CONTROL
CHAPTER 7. ILLICIT DISCHARGE DETECTION AND ELIMINATION
ARTICLE 3. WATER UTILITIES
ARTICLE 4. CONSTRUCTION WORK ON PUBLIC WORKS PROJECTS
TITLE 6. PARKS AND RECREATION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 5-2-1-11. PERMIT ISSUANCE PROCEDURES.
   (A)   Issuance. Upon receipt of a completed application pursuant to this chapter, approval of the worksite and payment of permit fees as specified, the City Engineer may issue a permit to the applicant. The City Engineer may issue an emergency permit (by authorizing the work to proceed and assignment of a permit number) prior to receipt of the application and other required documentation, provided the application is submitted on the following business day.
   (B)   Duration. In general, the permit shall be valid for a 60 calendar-day period unless specified otherwise on the permit, beginning on the day of issuance. Upon a permit holder's justified request, the permit may be extended for an additional 60 calendar-day period or until final restoration has been achieved.
   (C)   Activation. Permit work once approved shall commence within three working days. If for any reason the permit holder determines he or she will be unable to perform work as scheduled, the permit holder shall immediately notify the City Engineer.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-12. INDEMNIFICATION.
   Except as otherwise excluded by contract or franchise agreement with the City of Lawrence, the applicant for a permit shall sign an indemnification agreement to indemnify and hold harmless the City Engineer, the Board of Public Works and Safety and the City of Lawrence from and against all claims, actions, damages and expenses, including reasonable attorney's 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 the applicant (or persons, corporations or firms authorized by the applicant) in a public right-of-way pursuant to the permit. The form of the indemnification agreement shall be acceptable to the City Engineer.
(Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-13. SCHEDULE OF FEES FOR ENFORCEMENT.
   (A)   Schedule of fees for enforcement of the provisions of this chapter and/or regulations adopted by the Board are as follows.
      (1)   The City Engineer shall have the authority to assess a $150.00 re-inspection fee for each instance where enforcement of the provisions of this chapter requires the City Engineer to re-inspect the worksite.
      (2)   In addition to the above, the City Engineer shall enforce the following fees.
         (a)   Excavating or using the right-of-way without a permit.
            1.   First offense in one calendar year - $1,500.00;
            2.   Second offense in one calendar year - $2,500.00;
            3.   Subsequent offense(s) in one calendar year - $5,000.00 and withholding all further permit approvals.
         (b)   Improper permanent surface restoration - $500.00, and remove pavement patch and six inches around patch in all directions then make correct repair. If, because of noncompliance, the City of Lawrence performs permanent surface restoration, permit holder must reimburse the City of Lawrence for the City's expenses plus an administrative fee determined by the City Engineer
         (c)   Not replacing temporary patch within time required - $500.00, and if, because of noncompliance, the City of Lawrence performs permanent surface restoration, permit holder must reimburse the City of Lawrence for the City's expenses plus an administrative fee determined on a yearly basis by the City Engineer. The permit holder shall remain responsible for cut in accordance with this chapter.
         (d)   Stop-work order issued - five times the permit fee, and reimburse the City of Lawrence for any costs incurred to correct the problem or protect the public.
   (B)   The City Engineer may assess the above fees administratively and may withhold issuing permits until the above fees are paid.
   (C)   The above penalties are in addition to and supplemental to any fee assessments, restoration costs or other remedies the City Engineer or the City of Lawrence may have.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-14. ENFORCEMENT PROCEDURES.
   The following procedure will be employed by the City Engineer for the enforcement of the provisions of this chapter.
   (A)   The City Engineer or a representative shall inspect the work at any time.
   (B)   If inspection discloses that the work was not restored in accordance with this chapter or any violation is found, the inspector will issue a violation notice to the permit holder and/or the individual or contractor performing the work if no permit exists and/or to the owner of the adjacent land where appropriate. The violation notice will include the following:
      (1)   The exact nature of the violation, including the code or regulation section violated;
      (2)   The specific corrective action needed in order to come into compliance;
      (3)   The exact amount of time allowed for the violator to come into compliance, not to exceed five days; and
   (C)   Each violation listed on the violation notice constitutes a separate offense.
   (D)   If the violator fails to come into compliance as required by the violation notice, the City Engineer will assess fees as per § 5-2-1-12. Any fees assessed by the City Engineer are due immediately upon receipt of the violation notice.
   (E)   Upon failure to pay the fees, City Engineer shall refer the matter to the Corporation Counsel for further action. The permit holder, as well as the owner of the line being assessed, and when appropriate, the land owner for whom the work is being performed, will not be issued any other permits until the violation is brought into compliance and the fees assessed are paid.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-15. DISPLAY OF PERMIT.
   Once work commences in accordance with an issued right-of-way excavation or use permit, a copy of the permit or the emergency verification number shall be available at the worksite at all times. A reinspection fee will be assessed if verification of permit is unavailable. The job site with representative on site should have a copy of the permit. The job site with no representative on site should clearly display by sign or other indicator the contractor name and emergency phone number with the permit number.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-16. RESTRICTIONS WITHIN THE PUBLIC RIGHT-OF-WAY.
   Restrictions with respect to when and how work should be performed in public rights-of-way in certain geographical areas:
   (A)   Except for emergency situations provided for in § 5-2-1-3, no permits may be issued for excavations within the public right-of-way within seven days prior to or during the scheduled dates of the annual Summer and Independence Day Festival within the area bordered by 56th Street on the north, Post Road on the east, Hess Avenue and 47th Street on the south and Richardt Street on the west; and
   (B)   Except for emergency situations provided for in § 5-2-1-3, no permits may be issued for excavations within the public right-of-way during other special events scheduled in the City of Lawrence.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-17. TIME RESTRICTIONS ON WORK HOURS.
   Time periods when work in, under, on or over public rights-of-way shall, except in cases of emergencies, be prohibited or limited:
   (A)   No commercial or residential property shall be denied access to the abutting street between the hours of 5:00 p.m. and 8:00 a.m. unless reasonable prior notice has been given to the property owner and occupant; and
   (B)   Unless approved by the City Engineer, blocking of traffic or altering of traffic patterns on City streets shall not be performed on weekdays (excluding legal holidays) between 7:00 a.m. and 9:00 a.m. and/or between 4:00 p.m. and 6:00 p.m. Work hour restrictions do not apply if the work is being performed behind concrete barriers or other semi-permanent protective structures that are in place 24 hours per day.
   (C)   All weekend work shall require approval from the City Engineer at least 24 hours in advance.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-18. STANDARDS FOR TRAFFIC CONTROL.
   Standards for traffic control for construction and maintenance operations in, on, under and over the public right-of-way.
   (A)   Traffic control for construction and maintenance activities in, on, under and over the public right-of-way shall conform to and be in accordance with the Indiana Manual of Uniform Traffic Control Devices, latest edition, and all other applicable state and federal laws.
   (B)   The permit applicant or permit holder may propose to the City Engineer that traffic control measures less stringent than those described above in division (A) be implemented as part of a specific permit. If in the opinion of the City Engineer conditions exist that would allow the use of less stringent traffic control, the City Engineer may issue the specific permit subject to the less stringent control.
   (C)   All traffic-control devices shall:
      (1)   Be installed prior to commencement of operations;
      (2)   Be properly maintained and utilized during operations; and
      (3)   Be removed immediately upon completion of the work.
   (D)   The City Engineer may issue a stop-work order at any worksite which the City Engineer determines endangers the traveling public or the workers on the scene until the circumstance which endangers the traveling public or the workers on the scene is corrected or eliminated.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-19. RIGHT-OF-WAY WORK, EXCAVATION AND RESTORATION.
   All work within a public right-of-way for which a right-of-way excavation permit is required shall be performed in accordance with, and conform to, the City of Lawrence standards or as directed by the City Engineer.
(Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
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