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(A) A person commits an offense if the person places or causes to be placed any facilities within the right-of-way in any other manner than specified in this chapter.
(B) A person shall obtain an excavation permit prior to performing any excavation, construction, relocation, removal, installation, repair, or maintenance of facilities within the right-of-way. An excavation permit is required for new construction and replacement or upgrading of a utility provider's network in the right-of-way, either aerial or underground.
(C) The following work undertaken by a person does not require an excavation permit:
(1) Work that is incidental in nature;
(2) Work required by emergency conditions, if the registration holder complies with division (D) hereof;
(3) Work that obstructs the flow of vehicular traffic on a street, alley, or sidewalk for less than two hours, if the person has complied with the following requirements:
(a) The registration holder has submitted a traffic control plan to the city in a form approved by the city;
(b) The city has approved the traffic control plan;
(c) The work is performed in compliance with the traffic control plan; and
(d) Unless the work is performed under emergency conditions, the person has given the city four hours written notice of the proposed work; or
(4) Work performed to initiate service to an individual customer's property as long as the requirements of division (3) are met, if applicable.
(D) When performing work required by emergency conditions, the registration holder shall notify the city as promptly as possible. The city shall determine if any city employee shall be required to be present for on-site inspection during emergency repairs. A registration holder who performs the emergency work shall submit to the city as soon as practicable, a reasonably detailed description of the work performed in the right-of-way and an updated map of the facilities that were relocated, if any.
(Ord. 1018-2, passed 2-11-2019)