(A) Streets, cuts, and excavations.
(1) No person shall make any excavation or opening in or under any street, alley, public place, within the right-of-way, or in a public easement, without first obtaining a written permit from the Director of Public Services. The fee for such permit shall be approved by City Council and available in the Engineering Office.
(2) Failure to obtain the permit shall result in the permit fee being doubled.
(3) Failure to obtain the required inspection for approval of the work shall result in a fine, approved by City Council and available in the Engineering Office.
(4) Before any such permit is issued, the applicant therefor may be required to furnish a bond deemed adequate by the Director of Public Services, which bond shall become available in the payment of any damage to public or private property and the payment for any personal injury resulting from said excavation or opening or any work in connection therewith.
(5) The Director of Public Services may, if the public safety requires immediate action, grant permission to make a necessary street cut or excavation, provided that a permit shall be obtained on the following business day and the provisions of this section shall be complied with.
(6) No person shall make any opening or excavation in or under a paved street or alley within a period of five years after the completion of any paving or resurfacing thereof. If the public safety requires immediate action, the Director of Public Services may suspend the operation of this provision.
(7) Whenever the Council shall determine that the paving or resurfacing of any street or alley, or part thereof, is necessary, the Director of Public Services shall serve notice upon all public utilities requiring time to install all necessary underground work.
(8) The City Manager is hereby empowered, subject to approval by the Council, to make such additional rules and regulations pertaining to the making of excavations or openings in any street, alley, or public places as are necessary to protect property or the safety or welfare of the public, and no person shall fail to comply with any such rules or regulations.
(B) Sewer and water connections in advance of paving.
(1) Whenever any paving or resurfacing upon any street or alley or part thereof shall have been ordered, authorized, or declared necessary by the Council, such sewer connections (as defined in Ch. 51 of this code of ordinances) and water connections (as defined in Ch. 52 of this code of ordinances) as are necessary to preserve such proposed paving or resurfacing when the same shall have been laid and put down, by eliminating insofar as possible the need for making any opening in or excavation under the same, shall be installed in advance of such paving or resurfacing, and the cost thereof, except as hereinafter otherwise provided, shall be charged against the premises to be served thereby and the owner thereof, shall be a lien thereon, and shall be collected as provided in § 33.21.
(2) (a) The necessity for such sewer and water connections shall be determined by the engineer in charge of the Division of Engineering of the Department of Public Services giving due consideration to the factors which have a bearing on the demand for sewer and water connections in such street or alley, including, but not limited to, the size, shape, and area of each lot or parcel of land, the uses to which the same may lawfully be put under the zoning regulations, existing structures on the land, the adequacy of existing sewer and water connections, the character of the locality and the probable development or use of each lot or parcel of land. Any existing sewer or water connection which does not meet the specifications of any applicable ordinance of the city shall not be considered in determining what sewer and water connections are necessary.
(b) 1. Provided, however, that in cases where:
a. The future need for a connection is dependent upon the relocation or alteration of an existing structure on the premises to provide space for the erection of an additional residence building thereon;
b. The zoning regulations would permit the location of two residence buildings on a single parcel of land; or
c. The zoning regulations would permit the location of a second residence building on adjoining land which is used as part of and under the same ownership as land upon which an existing residence building is located, the engineer in charge of the Division of Engineering in the Department of Public Works may order one additional water connection or one additional sewer connection or both made at city expense.
2. When any connection installed at city expense is put to use, the current cost of such connection shall be charged against the premises to be served thereby and the owner thereof, shall be a lien thereon, and shall be collected as provided in § 33.21.
(3) Written notice of the intention to install such sewer and water connections and to charge the cost of the same to the premises shall be given to the owners, as indicated by the records of the City Assessor, of each lot or parcel of land, and service of such notice shall be made as now or hereafter provided in § 36.02.
(4) The objection of any property owner to any such sewer or water connection shall be made within seven days after service of such notice, and shall be heard by the engineer in charge of the Division of Engineering of the Department of Public Works who shall, after considering each such objection made in writing, make a final determination of the sewer and water connections to be installed.
(Prior Code, § 96.03) (Ord. D-278, passed 3-10-1952, effective 3-20-1952; Ord. D-1558, passed 7-27-1987, effective 8-5-1987; Ord. O-115, passed 4-18-2011, effective 4-28-2011)