§ 11-202. Special Ordinances. 12

   (1)   No person shall open, break or occupy any street for the purpose of laying tracks or rails for passenger purposes, except when authorized by special ordinance. No person shall own, construct, operate, maintain, or repair any Facilities in the Right-of-Way in connection therewith except as authorized by and in accordance with Chapter 11-700 and the applicable provisions of Chapter 9-300.

 

Notes

12	Source: 1883 Ordinances, p. 68; 1960 Ordinances, p. 96; amended, Bill No. 050065 (approved April 20, 2005).

§ 11-203. Sewer and Water Pipe and Other Underground Service. 13

   (1)   No person shall open, break or tunnel any street for the purpose of making a connection with or repairing any sewer or water pipe or other underground service, unless he has obtained a permit from the Department of Licenses and Inspections. Tunneling will not be permitted without the written approval of the Chief Highway Engineer.

   (2)   No such permit shall be issued without the approval of the Department of Streets and the Department in charge of the underground service to be repaired or connected.

   (3)   No permit issued under this Section shall be operative after a period of thirty (30) days from its effective date or, if no effective date is specified, from the date it is issued, or after such other period of time that the Department may establish by regulation. Permittees shall procure permits for emergency openings within five (5) working days. 14

   (4)   All work done under any permit issued under the provisions of this Section shall be subject to the supervision of the responsible departments of the City and shall be done in accordance with the regulations of those departments, including but not limited to the regulations as to precautions to be taken during the performance of the work, time and manner of doing the work, and the replacement and maintenance of the temporary paving. Non- compliance with the regulations may result in additional costs to the permittee when the Department is required to correct conditions.

   (5)   Where the fees prescribed in 11-203(7) have been paid permanent restoration of the roadway paving shall be done by the Department of Streets, itself or by contract.

   (6)   The work authorized under any permit issued under the provisions of this Section shall be determined by the Department of Streets.

   (7)   Except as otherwise provided in this Section, or where the applicant is responsible for the complete and satisfactory replacement of the permanent paving and does so to the satisfaction of the Department of Streets, the fees for permits provided for in this Section shall be: 15

      (a)   For breaking any paved or macadamized street and making an opening of two (2) square yards or less, four hundred dollars ($400); for each additional square yard one hundred dollars ($100); 16

      (b)   For breaking any unpaved street, thirty dollars ($30) for each opening;

      (c)   For breaking any paved or unpaved footway, twenty dollars ($20) for each opening; the restoration of the paving in the footway shall be the responsibility of the permittee and/or the property owner; or 17

      (d)   Such other amount or amounts as the Department may establish by regulation. 18

   (8)   Permits granted on payment of the charges provided herein shall entitle the permittee to excavate an opening not to exceed two (2) square yards, except as described herein.

   (9)   Permits issued under this Section may be exchanged for a permit for a different location, for the same character of paving, where satisfactory evidence is presented that the street pavement has not been opened under the original permit.

   (10)   The permittee under any permit issued under the provisions of this Section shall be responsible for all damage resulting from his work.

   (11)   No permit shall be issued to any person who has violated this Chapter until all charges, fines and penalties have been paid.

   (12)   Any person who has been permitted to open, break or tunnel any street for the purpose of building or repairing any underground structure shall, upon the written request of the Department of Streets, relocate such structure when it will interfere with proposed construction.

   (13)   In special situations where street reconstruction is planned and where ditch paving restoration will not be required, the Chief Highway Engineer is authorized to modify street opening costs, as described in subsection (7).

 

Notes

13	Source: 1920 Ordinances, p. 295, as amended; amended, 1985 Ordinances, p. 497.
14	Source: 1920 Ordinances, p. 295; amended, 1961 Ordinances, p. 945; amended, 1973 Ordinances, p. 902; amended, 1977 Ordinances, p. 1153; amended, Bill No. 080162 (approved June 4, 2008); amended, Bill No. 190464 (approved June 26, 2019).
15	Former subsections (7)(d) and (7)(e), amended by 1961 Ordinances, p. 945, 1973 Ordinances, p. 902, and 1977 Ordinances, p. 1153, were deleted by Bill No. 366, 1985 Ordinances, p. 497. Amended, Bill No. 080163 (approved June 4, 2008).
16	Amended, 1961 Ordinances, p. 945; amended, 1977 Ordinances, p. 1153; amended, 1992 Ordinances, p. 544; amended, Bill No. 040423 (approved June 3, 2004), effective July 3, 2004.
17	Amended, 1961 Ordinances, p. 945; amended, 1977 Ordinances, p. 1153.
18	Added, Bill No. 080163 (approved June 4, 2008).

§ 11-204. Underground Wires. 19

   (1)   No person permitted under Chapter 11-700 to construct underground wires in any street shall commence work thereon until he has obtained a permit as provided in Chapter 11-700.

   (2)   No such permit shall be issued without the approval of the Department of Streets and of the Department concerned with the underground structures.

      (a)   Any work done under this Section shall be done in accordance with the regulations of the appropriate City departments.

   (3)   The permit shall provide that the permittee shall, at his own cost and expense, repave and maintain in a satisfactory manner as much of the street pavement as is opened under authority of the permit. 20

   (4)   Any person who has been permitted to lay underground wires shall relocate such wires upon the written request of the Department of Streets or any other City agency, when they will interfere with proposed construction.

 

Notes

19	Amended, Bill No. 050065 (approved April 20, 2005); former subsections (1)(a), (3) and (5) deleted; remaining subsections renumbered.
20	Source: 1894 Ordinances, p. 143.

§ 11-205. Temporary Drains. 21

   (1)   The Department of Licenses and Inspections is authorized to grant permission to the owner of property fronting on any street to lay a temporary drain in that street, if the Department of Streets and the Water Department are satisfied that the drain will not be detrimental to the interests of the City nor adversely affect the permanent drainage system. Any such drain shall be laid under the supervision and to the satisfaction of the Department of Streets and the Water Department, in accordance with regulations and plans prepared by those departments, and at the sole cost of the owner.

   (2)   Any such temporary drain shall not be considered a part of the permanent drainage system of the City or a public sewer, and shall not relieve the owner of property fronting on it from assessment charges for the future construction of sewers in the street.

   (3)   No permit shall be granted for a connection to any such temporary drain unless approved by the Department of Streets and the Water Department and authorized by written permission of the owner.

 

Notes

21	Source: 1920 Ordinances, p. 51.