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(A) Issuance Of Written Permits: The written permits required by this chapter shall be issued by the city engineer, subject to conditions set forth in this chapter or required by law.
(B) Application For Permits: The city engineer shall prescribe and provide a regular form of application for the use of any applicant for a permit required by this chapter. The application form shall contain space for the name, address and principal places of business of the applicant, together with such detail as in the judgment of the city engineer is necessary to establish the exact location, dimensions, duration and purpose of the proposed use or encroachment.
(C) Permit Application Exhibits: The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit when required by the city engineer, and of a size and in such quantity as he may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right of applicant to so use or encroach thereon.
(D) Consent Of Public Bodies; Evidence Of To Be Filed: The applicant shall also enclose with, attach or add to the application the written order or consent to any work thereunder, required by law of the public utilities commission, sanitary districts, water districts or any other public body having jurisdiction. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the city engineer. The permittee shall keep himself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders.
(E) Liability For Damages: Permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by permittee under the permit, or proximately caused by failure on permittee's part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, its officers or employees, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.
(F) Fees: The schedule of fees will be those recommended by the city engineer and established and adopted by the council from time to time by resolution. Before a permit is issued, the applicant shall deposit with the city cash or check, in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with schedule established and adopted by the council.
Public utilities may, at the city engineer's option, make payment for the above charges as billed by the city instead of advance deposit as required above. (Ord. 994, 5-26-1970)
Fees will not be required of any public agency which is authorized by law to establish or maintain any works or facilities in, under or over any public street or right of way. Reference is hereby made to section 4-8-1 of this code for development fees. (Ord. 994, 5-26-1970; amd. Ord. 1263, 5-26-1981)
(G) Permit To Move Certain Vehicles Or Object: Before a vehicle or combination of vehicles or object of weight or dimension or characteristic, prohibited by law without a permit, is moved on any public right of way, a permit to do so must first be granted by the city engineer as set forth in specifications established by the city engineer, or as otherwise required by him.
(H) Term Of Permit; Beginning Of Work: The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within ninety (90) days, or within the time stated in the permit, then the permit shall become void. A permit for continuing a use or maintaining an encroachment previously authorized shall be valid for a term of one year from date of issuance, unless sooner terminated by discontinuance of the use, or removal of the encroachment, for which the permit was issued.
(I) Term Of Permit: The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within the time and according to the terms specified in the permit. If the work is unduly delayed by the permittee and if the interest of the public reasonably so demands, the city engineer shall have authority to complete the work or any portion thereof. The actual cost of such a work by the city plus twenty percent (20%) as an overhead charge shall be charged to and paid by the permittee or his surety.
(J) Display Of Permit: The permittee shall keep any permit issued pursuant to this chapter at the site of work or in the cab of a vehicle when movement thereof on a public street is involved, and the permit must be shown to any authorized representative of the city engineer or law enforcement officer on demand.
A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the city engineer or law enforcement officer within a reasonable time after demand therefor is made.
(K) Changes In Permit: No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the city engineer. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities, or for changes therein or thereto where such changes or additions require no excavation of the right of way. (Ord. 994, 5-26-1970)