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Fees required by Section 901.21 and resurfacing required by Section 901.22(b) shall be waived if the work activity in the Right-of-Way is the result of a request by the City for the owner of a facility located in the Right-of-Way to relocate or remove the facility, unless such facility is no longer in use, is unauthorized or has been abandoned.
(Ord. 1697-08. Passed 1-24-08.)
Unless directly and proximately caused by the willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any facility within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the City, if the City, or someone on its behalf, has prior to such activity contacted the Ohio Utilities Protection Services (OUPS).
(Ord. 1697-08. Passed 1-24-08.)
The owner of the facilities to be constructed, installed or maintained pursuant to this chapter and, if different, the Permit Holder, are responsible for the performance of and compliance with all provisions of this Chapter. Any person who performs work in the Right-of-Way without obtaining the permits required in this Chapter shall be required to obtain the appropriate permit at two times the cost provided in this Chapter, and provide a bond as specified in Section 901.04.
(Ord. 1697-08. Passed 1-24-08.)
The Municipality, in order to protect the public health, safety and general welfare, requires the following:
(a) No person shall obstruct, or cause the obstruction of any ditch, drain or watercourse of any kind, natural or artificial in the Municipality, by constructing or erecting therein a culvert, dam or other obstruction of any kind without first obtaining a Use permit from the Director as described herein.
(b) A fee of two hundred dollars ($200.00) shall be charged for such permit for the cost and expense arising therefrom. The person desiring such a permit shall comply with all applicable requirements of this chapter.
(c) Upon request of the Applicant, the City Manager, may, but shall not be required to, reduce or waive permit fees required under this section. In doing so, the City Manager may consider the impact of the proposed use on the ditch, drain or watercourse, the benefit of the proposed use to the public, or hardship to the Applicant. Any appeal of the City Manager's decision regarding a request to reduce or waive fees shall be made to City Council. Under no circumstances shall the City Manager reduce or waive permit fees for businesses in such a manner as to create a competitively non-neutral and discriminatory business environment.
(d) No Permits shall be granted by the Director for the construction or erection of a culvert, dam or other obstruction of any kind that would cause the water to flow back and flood any public right-of-way or private residence or cause any other detriment to the public health, safety or general welfare, or would not be of sufficient size and capacity to accommodate the flow of water resulting from a storm occurring with a frequency of one in ten years, as determined by a generally accepted method of design, taking into consideration the upstream drainage area as being fully developed.
(e) The Director shall serve notice upon the owner or upon the person having the care and control of any lot or parcel of land through which any ditch, drain or watercourse of any kind, natural or artificial, passes to remove, within ten (10) days after service of such notice, any culvert, dam or other obstruction of any kind which is deemed detrimental to the public health, safety or general welfare or otherwise does not comply with this chapter.
(f) Failure or refusal of the owner. or of the person having the care and control of such lot or parcel of land to comply with such notice shall be subject to the penalty set forth in Section 901.99. If the owner or the person having the care and control of such lot or parcel of land fails or refuses to comply with such notice, the Director may authorize the work required by such notice to be done at the expense of the Municipality, and the amount of money so expended shall be recoverable from the person upon whom such notice was served by a civil action in any court of competent jurisdiction.
(Ord. 1322-99. Passed 7-22-99.)
Upon the foreclosure or other judicial sale of the Permittee's facilities located within the right-of-way, the Permittee shall notify the Municipality of such fact and its Permit shall be deemed void and of no further force or effect, except where foreclosure or judicial sale is to protect a security interest of a lender, in which case a lender may take over a Permit upon the completion of an agreement with the Municipality, said agreement being made by the Municipality in its sole discretion, to fulfill the Permit terms and conditions. The Municipality shall have the right to cancel any Permit granted pursuant to this chapter subject to any applicable provisions of law, including the Bankruptcy Act, one hundred twenty (120) days after appointment of a receiver or trustee to take over and conduct the business of the Permittee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless:
(a) Within one hundred twenty (120) days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this chapter and the relevant Permit, and remedied all defaults thereunder, and
(b) Such receiver or trustee within one hundred twenty (120) days shall have executed an agreement duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this chapter and the relevant Permit.
(Ord. 1322-99. Passed 7-22-99.)
Nothing in this chapter shall be construed to:
(a) Prevent or restrict in any way the Municipality from taking precedence and making full use of its rights-of-way, including constructing, maintaining, repairing, relocating, improving or altering any street, sidewalk, utility or communications facility, or any other public work or improvement.
(b) Grant any right or interest in any right-of-way or other public property other than as explicitly set forth in a Permit. (Ord. 1322-99. Passed 7-22-99.)
The Permittee shall not be relieved of its obligations to comply with any provisions of this chapter by reason of failure of the Municipality to enforce prompt compliance. Any failure to enforce or decision not to enforce this chapter shall not be considered a waiver by the Municipality of its right to enforce this chapter in the future. (Ord. 1322-99. Passed 7-22-99.)
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