(A) In an area zoned residential, either R1, R2 or R3, wherever a street or roadway has been furnished with a ditch or waterway for drainage the adjacent property owner may request the Superintendent of Streets to determine whether or not a tile may be installed in the ditch or waterway which tile will provide for adequate continuation of the drainage through the road right-of-way.
(B) It shall be unlawful for any person, firm or corporation to alter the grade of the ditch in a road right-of-way without having obtained a permit as herein required, or without complying with the provisions of this section or in violation of or variance from the terms of any such permit.
(C) Application for such permits shall be made by the adjacent property owner with the Superintendent of Streets, and shall describe the location of the intended alteration of the grade of the ditch in the road right-of-way, and the person, firm or corporation doing the actual work and the name of the person, firm or corporation for whom or which the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done.
(D) No such permit shall be issued unless and until the applicant therefore has deposited with the city, a cash deposit in the sum of $500 to insure payment of the cost of the tile, to insure the proper restoration of the ground and to insure the compliance with all ordinance and laws relating to the work to be done. From this deposit should be deducted the expense to the city for the purchase of any tile installed pursuant to the terms of the permit. Also, from this deposit shall be deducted the expense to the city of relaying the surface of the ground and of making the refill if this is done by the city or at its expense. The balance shall be returned to the applicant without interest after the work has been completed and the surface is restored.
(E) In an area zoned residential, either R1, R2 or R3, and if the Superintendent of Streets determines that a tile may be installed, the city shall install, at the request of the adjacent property owner, the tile in the road right-of-way. The cost of the tile (but not the installation thereof) shall be paid by the adjacent land owner to the city. The city will provide the labor to install the tile at its sole expense.
(F) If any sidewalk or driveway is damaged or must be reconstructed as a result of the work undertaken the cost thereof shall be paid by the applicant.
(G) The applicant shall, within 30 days of the installation of the tile, back fill the portion of the road right-of-way that is not paved with dirt, free from lumps and stone, thoroughly compacted around the tile. Such back fill shall be done in a manner that will permit the restoration of the surface with grass. Thereafter the applicant will seed the restored area with grass.
(H) The Superintendent of Streets shall from time to time and inspect or cause to be inspected the work area to see to the enforcement of the provisions of this section. The Superintendent of Streets shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this section.
(I) (1) All work covered under this section to be accomplished by the applicant shall be accomplished expeditiously until completion, in order to avoid unnecessary inconvenience to traffic, to pedestrians, and for the protection of other public interests. The applicant shall state, in his or her application for the permit time, the number of days which he or she estimates will be required to complete his or her work. Upon review of the application, the Superintendent of Streets shall have the right to amend the time requested and issue the permit so as to allow the minimum amount of time which he or she determines will reasonably be required for such work. The time allowed for completion shall be extended as necessary if it is found that it is not possible to complete the work within the time allowed.
(2) In the event the work is not being accomplished expeditiously and accordance with the time period set forth in the permit, or if work has ceased or is abandoned without due cause, the Superintendent of Streets may, after 24 hours written notice to the applicant of the city's intention to do so, have city forces correct said work, backfill the ditch in the road right-of-way, and effect all restoration as required by this section.
(3) In the event that city forces accomplish work in accordance with this division, the entire cost of such work, including any materials used therefor, shall be paid to the city by the applicant upon demand or, at the request of the applicant, can be deducted from the deposit made by the applicant. If the deposit made by the applicant is not sufficient to pay said costs the city may proceed to collect any of said cost due and owing in any manner allowed by law.
(J) (1) By reason of the grant of the permit, the city does not assume any liability:
(a) For injuries to person, damage to property, or loss of service claims; or
(b) For claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment by applicant.
(2) By accepting a permit, the applicant is required to defend, indemnify, and hold the city whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any activity undertaken in or near a right-of-way, whether or not any act or omission complained of is authorized, allowed, or prohibited by the permit. The applicant further agrees that the applicant will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the city for any claim nor for any award arising out of the presence, installation, maintenance or operation of applicant's equipment, or any activity undertaken in or near a right-of-way, whether nor not the act or omission complained of is authorized, allowed or prohibited by the permit. The foregoing does not indemnify the city for its own negligence except for claims arising out of or alleging the city's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the applicant or on the applicant's behalf, including, but not limited to, the issuance of permits and the inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the applicant or to the city; and the applicant, in defending any action on behalf of the city shall be entitled to assert in any action every defense or immunity that the city could assert in its own behalf.
(Ord. 03-35, passed 9-8-03)