A. Permit Required:
1. It is unlawful for any person to make or cause to be made any encroachment, excavation or improvement in or along any public way in the city without first obtaining a permit to do so from the city, and unless in accordance with the provisions of this chapter. (Ord. 555, 3-2-1976)
2. It is unlawful for any person to remove, top or trim any trees standing in any public way without first obtaining a permit to do so from the city and unless in accordance with the provisions of chapter 2 of this title. (Ord. 555, 3-2-1976; amd. 2007 Code)
3. It is unlawful for any person to operate any overwidth vehicle, including house moving equipment, on the city streets, alleys or rights of way without first obtaining a permit to do so from the city, and unless in accordance with the provisions of this chapter.
B. Permit Application; Contents: Each person desiring issuance of a permit shall file with the public works director a signed application or request, describing the nature of the encroachment, excavation, improvement or other work to be done and the location thereof, the names and addresses of the parties to any contract for the doing of the work, the license number of any contractor, and such plans, profiles and specifications for the improvement as the public works director may require.
C. Permit Fees:
1. The agreement mentioned in section 7-5-3 of this chapter shall be signed by the person causing the work or excavation to be done, or if such work is to be done by a licensed contractor, then it may be signed by such contractor. (Ord. 55, 3-2-1976)
2. The signator of the agreement shall pay to the city, prior to the issuance of any permit, a fee in an amount as set from time to time by resolution of the city council. Failure to undertake the work shall not be grounds for refund of any part of such fee. (Ord. 555, 3-2-1976; amd. 2007 Code)
3. No fee shall be required of any public agency or public utility company operating under a franchise issued by the city or state.
D. Permit Issuance:
1. Refer Application To City Council: If the public works director determines that unusual circumstances make it advisable, he may refuse to grant the permit and submit the application to the city council for consideration.
2. Appeals: If the public works director denies an application or imposes terms or conditions which the applicant believes to be unreasonable, or sets the amount of bond or deposit which the applicant believes to be unreasonable, the applicant may appeal to the city council for issuance of the permit.
3. Determination By City Council: Upon any such referral or appeal the city council shall determine whether the permit shall be issued and/or the terms and conditions thereof and/or the amount of bond or deposit; and the decision of the city council shall be final.
E. Permit Issuance Not Mandatory: Nothing in this chapter shall be deemed to make it mandatory that the public works director or the city council issue any such permit.
F. Permit Displayed: The permit shall be shown on demand to all authorized representatives or peace officers of the city.
G. Permit Nontransferable: No permit may be assigned; and upon any attempted assignment or transfer thereof, the permit shall be rendered null and void.
H. Permit Revocation Or Suspension:
1. If the public works director determines that the work has not been commenced within sixty (60) days after issuance of the permit, or has not been diligently prosecuted, he may revoke the permit.
2. If the public works director determines that the work has not been diligently prosecuted, or is not being carried out in accordance with the agreement and/or terms and conditions of the permit, he may suspend the permit.
3. Such revocation or suspension shall be accomplished by the mailing of written notice thereof by ordinary mail to the address shown upon the application or agreement or by personal delivery of such written notice to the permittee. (Ord. 555, 3-2-1976)