A. Permit Required: It shall be unlawful to construct, alter, remove or demolish or to commence the construction, alteration, removal or demolition of any driveway or public sidewalk within the City without first filing with the City an application in writing and obtaining a formal permit.
B. Applications For Permit:
1. Authority To Make Application: Application shall be made by the owner or lessee or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application.
2. Plans To Accompany Application: Applications for permits shall be accompanied by drawings of the proposed work drawn to scale, showing whatever detail the City may require.
3. Application Form: An application for a permit shall be submitted in such form as the City may prescribe. Such application shall contain the full names and addresses of the applicant and of the owner and, if the owner is a corporate body, of its responsible officer. The application shall also describe briefly the proposed work and shall give such additional information as may be required by the City for an intelligent understanding of the work proposed.
4. Action On Application: The City shall examine applications for permits within a reasonable time after filing. If, after examination, no objections are found to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto and the proposed construction or work will be safe, such application shall be approved and a permit shall be issued for the proposed work as soon as practicable. If the examination reveals otherwise, the City shall reject such application and note the findings in a written report to be attached to the application and deliver a copy to the applicant. (Ord. 442, 1-5-1970)
C. Contractors' Permit; Bond: No person shall perform work without obtaining a contractors' permit or license and filing with the Engineering Department a bond in the penal sum set by the annual fee ordinance adopted by the City Council. (Ord. 2008-30, 1-12-2009)
D. Permit Fees: The fees for obtaining the permit herein contemplated shall be at the rate as established by the City's fee schedule per linear foot for new and replacement sidewalks and curb and gutter replacement, and a fee as established by the City's fee schedule for each driveway. The permit having been so issued, the owner of the permit may remove existing sidewalks and/or driveways and cause the replacement thereof, as well as initial construction. Should any contractor fail to procure such a permit, upon discovery thereof, the City shall assess the contractor for a fee equal to the foregoing schedule plus a fee as established by the City's fee schedule. (Ord. 442, 1-5-1970; amd. Ord. 2007-30, 1-7-2008, eff. retroactive to 1-1-2008)
E. Expiration Of Permit: A permit under which no work is commenced within three (3) months after issuance shall expire by limitation and a new permit shall be secured before work is started, unless the permit is otherwise extended by Council.
F. Posting Of Permit: A copy of the permit shall be kept on the premises for public inspection during the prosecution of the work and until the completion thereof.
G. Compliance With Permit: All work performed under a permit issued by the City shall conform to the approved application and plans and approved amendments thereto.
H. Supervision Of Work: The performance of all work described in this section shall be under the supervision of the City and such work shall comply with all grades established by the City and all other requirements of the City relating to construction of that type. No work shall be commenced prior to an inspection being made by authorized City personnel.
I. Nonconforming Work Or Materials: Any concrete work performed that does not meet City specifications for sidewalk and driveway construction shall be removed and replaced at the expense of the owner of the property if such a course of action is determined to be necessary by the City.
J. Denial, Suspension Or Revocation Of Permit: The City may deny, suspend or revoke any permit as defined by this chapter in accordance with section 2-1-10 of this Code.
K. Penalty: Any persons violating the provisions of this section shall be penalized in accordance with section 1-4-2 of this Code. Each day such a violation continues shall be considered a separate offense.
The owner or tenants of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 442, 1-5-1970)