Prior to the City issuing a Work in the ROW permit, notice of the proposed work shall be delivered by the applicant to the adjacent properties, except as otherwise provided herein. Notice will be paid for and delivered by applicant unless otherwise determined by the City Engineer.
A. "Adjacent properties" means (a) the property(ies) with a boundary contiguous to the portion of the public way where the work is proposed, and (b) one property on each side of the contiguous property(ies).
1. With respect to proposed work located below ground and behind the curb and gutter, notice shall be delivered to the adjacent properties on the same side of the public way as the proposed work.
2. With respect to proposed work located below ground and in the paved section of the public way, notice shall be delivered to the adjacent properties on both sides of the public way.
3. With respect to proposed work located above ground, notice shall be delivered to the adjacent properties on both sides of the public way.
4. Notice shall be provided to every adjacent property contiguous to the work location, regardless of whether the work is below ground or above ground.
B. The notice shall meet the following requirements:
1. Notice shall be given by either:
a. Placing a door hanger or flyer on the building on each adjacent property in a conspicuous location and affixed in a manner that it won't easily be dislodged by weather, or
b. Mailing notice to the occupant and, if a separate address, the record owner of the adjacent property. The notice must be mailed if the adjacent property is a vacant lot.
c. If a multi-unit building is located on an adjacent property, notice must be mailed to the owner of the building and occupant of each unit, and to the record owner of each unit if a separate address.
2. Each notice shall contain the name of the permit applicant and a local contact phone number and email address for the permit applicant.
3. Each notice shall describe the reason for the construction, the anticipated date(s) of construction, and whether the street will be closed due to construction.
C. If notice is delivered by the applicant, evidence of satisfactory notice means a construction drawing showing which properties were noticed, a copy of the provided notice, and any of the following: an affidavit from the permit applicant confirming delivery of notice and the date notice was delivered, a photo showing the notice on the building and property address, a certificate of mailing, or a signed receipt for certified mail delivery. If the City provides the notice, it shall keep a record of how and where the notice was delivered.
D. No notice shall be required in the following situations:
1. Any work where a permit is not required.
2. Emergency situations.
3. Certain maintenance type activities where the street remains passable and unrestricted, such as snow plowing, street sweeping, street patching activities, and pothole repairs.
4. Replacement work where the work is replacing like for like (example: replacing a section of sidewalk with the same width sidewalk).
5. Placement of a dumpster, POD, or other obstruction for less than eight (8) days. (Ord. 11-22, 2022)