(a) Permit Required. No person shall make any tunnel, opening, or excavation of any kind in or under the surface of any street without first securing a permit from the Municipality for each separate undertaking; provided, that any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the Office of the Engineering Department is open for business and such permit shall be retroactive to the date when the work was begun.
(b) Street Openings Limited. No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit, except that upon the approval by the City Engineer or his designee additional work may be done under the provisions of the permit in any amount not greater than ten percent (10%) of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
(c) Commencement of Work. Work for which a permit has been issued shall commence within ten days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
(d) Permits Nontransferable. Permits are not transferable from one person to another and the work shall not be made in any place other than the location specifically designated in the permit.
(e) Expiration of Permits. Every permit shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall prior to expiration of the permit, present in writing to the City Engineer or his designee a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the City Engineer or his designee such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
(f) Municipal Utility Cuts. All street openings required by utilities owned and/or operated by the Municipality shall be made by the utility requiring the street opening and restored under the direction and supervision of the City Engineer or his designee. The permit, fee, deposit, insurance, and bond requirements of this chapter shall not be applicable to any openings made by such Municipality owned and/or operated utilities.
(g) State and County Highways. The provisions of this chapter shall not be applicable in those instances where the highway is maintained by the State or County.
(h) Rights of the Municipality. Every permit shall be granted subject to the right of the Municipality or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit.
(i) Revocation of Permits.
(1) Any permit may be revoked by the City Engineer or his designee, after notice to the permittee, for:
A. Violation of any condition of the permit or of any provision of this chapter;
B. Violation of any provision of any other applicable ordinance or law relating to the work;
C. Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others. The permittee shall immediately correct the violation before proceeding with the work authorized by the permit.
(2) Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person notified or by certified or registered United States mail, return receipt requested, addressed to the person to be notified.
(3) When any permit has been revoked and the work authorized by the permit has not been completed, the City Engineer or his designee shall do such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred by the Municipality shall be recovered from the deposit or bond the permittee has made or filed with the Municipality.
(Ord. 1959-12. Passed 7-7-59.)