(A) No person, except an employee or official of the city, or a person exempted by contract with the city, shall undertake or permit to be undertaken any work in the public rights-of-way without first obtaining a permit from the city as set forth in this chapter. Each permit obtained, along with associated documents, shall be maintained on the job site and available for inspection upon request by any officer or employee of the city. Refer to § 909.21(C) for emergency situations.
(B) Permit transferability or assignability. The applicant may subcontract the work to be performed under a permit, provided that the permittee shall be and remain responsible for the performance of the work under the permit and all insurance and financial security as required. Permits are transferable and assignable if the transferee or assignee posts all required security pursuant to this chapter and agrees to be bound by all requirements of the permit and this chapter.
(C) Developer ownership of public infrastructure. The physical construction of public infrastructure in new developments (subdivisions) is the responsibility of the developer of the land. Ownership of that infrastructure remains with the developer of the land until acceptance by the city. Any developer of land where work is undertaken on infrastructure that is within a dedicated right-of-way, but prior to acceptance by the city, shall obtain a permit from the city. The city will not accept public infrastructure improvements where the work performed is not in accordance with applicable city specifications and applicable provisions of this chapter. Infrastructure constructed by a public utility, as that term is defined by R.C. § 4905.02, shall remain the property of such public utility. Public utility infrastructure shall also be known as public utility facilities and abandonment and attachment, including but not limited to relocation, permanent closure, and temporary closure, shall be governed by applicable local, state, and federal law, including R.C. Chapter 4909 and the Federal Telecommunications Act.
(D) Any person or utility found to be conducting any excavation activity within the public right-of-way without having first obtained the required permit(s) shall immediately cease all activity, exclusive of actions required to stabilize the area, and be required to obtain a permit before work may be restarted.
(Ord. 9351, passed 7-11-06) Penalty, see § 909.99