It shall be unlawful for any person to cut into any paving, curb, or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the City Council therefor. Before any person shall obtain a permit, the person shall inform the Municipal Clerk/Treasurer of the place where such cutting is to be done, and it shall be the Utilities Superintendent's duty to inspect the place of entry into the paving, sidewalk, or curb, before the same is cut. When cutting into any paving, it shall be the duty of the party to cut the paving under such rules and regulations as may be prescribed by the City Council or the Municipal Engineer. When the applicant is ready to close the opening made, the applicant shall inform the Utilities Superintendent, who shall supervise and inspect the materials used and the work done in closing the opening. It shall be discretionary with the City Council to order the Utilities Superintendent, under the supervision and inspection of the Municipal Engineer or the committee of the City Council on the streets and alleys, to do the work of cutting and closing the paving and charge the costs thereof to the party who obtained such permit. The City Council may consent to the work of cutting and closing the paving to be done by the party holding such permit. Before any permit is issued by the City Council, the applicant for such permit shall deposit with the Municipal Clerk/Treasurer a sum set by resolution of the City Council for all paving, curb, or sidewalk to be cut. Such sum shall be set on a per square foot cost of construction basis. The deposit shall be retained by the Municipality for the purpose of replacing the paving, curb, or sidewalk, in the event that the work is done by the municipality. In the event that the municipality elects to require the applicant to replace the paving, curb, or sidewalk, the deposit shall be retained by the municipality until the work is completed to the satisfaction of the Utilities Superintendent or the committee of the City Council on streets and alleys. In addition to making the deposit above set forth, the applicant shall, before any permit is issued, execute a bond to the municipality with a good and sufficient surety or sureties to be approved by the City Council in a sum set by resolution of the City Council.
(`77 Code, § 8-401)
Statutory reference:
Authority, see Neb. RS 17-567