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At least 24 hours before commencing any encroachment work authorized by any permit, the permittee shall notify the director of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work.
(‘81 Code, § 12.08.060) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus both aerial and underground.
(B) This expense of repairs to any damaged facilities shall be borne by the permittee.
(‘81 Code, § 12.08.070) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing, or rebuilding it to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the director. Where excavation occurs within areas already paved, the director may require temporary paving to be installed within 24 hours after the excavated area is backfilled.
(B) In the event that the permittee fails to act promptly to restore the right-of-way as provided in this subchapter, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the director may, at his option, make the necessary restoration. The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the City Council.
(‘81 Code, § 12.08.080) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
Every person who excavates in any street without a permit or who fails to fill and cover an excavation within the time permitted by the department shall be guilty of committing a public nuisance and the department may summarily abate such nuisance and the cost of such abatement shall be the personal obligation of every person creating, causing, committing or maintaining such nuisance.
(‘81 Code, § 12.08.090) (Am. Ord. 1322, passed 11-2-22)
(A) When the department finds that all or part of any work of backfilling or surfacing should be done by the department or under its supervision by reason of the location of the work or of unusual hazard, undue delay, failure to conform to its specifications or for other good cause, the department may itself perform the work or may employ a contractor to perform it and may thereupon proceed to collect the cost thereof from the person primarily obligated to perform the work, from the person for whose benefit the work was done or the owner of the land benefited by the work, or from all of them; and the department shall take such action to collect such cost and to impose and enforce liens, including mechanics' liens, as may be authorized or permitted by law.
(B) (1) Where the permittee is the owner of property identified in a permit, the cost of abating nuisances, filling and covering excavations and backfilling, done by the city or the performance by the city of any other work which any contractor or other person may have failed to perform shall be a lien on the property and shall be a personal obligation of the permittee.
(2) The cost of such work or abatement shall be submitted to the City Council for confirmation and notice of the time and place fixed for the City Council to consider the cost shall be made by mail to the person liable for payment thereof at least five days prior to the time of consideration by the Council of such cost.
(3) After confirmation of the cost, the cost shall become a lien on the property of the person chargeable with such cost and may be added to the next regular tax bill levied against that person's property for municipal purposes.
(4) A certified copy of the action of the City Council confirming the cost shall be filed with the County Auditor on or before August 10.
(5) The County Auditor shall enter the cost of abatement or of the work performed on the county tax roll for whatever land is owned by the person chargeable with such cost.
(6) The amount of the cost shall be collected at the time and in the manner ordinary municipal taxes are collected.
(7) If delinquent, the amount is subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes.
(‘81 Code, § 12.08.100) (Am. Ord. 1322, passed 11-2-22)
(A) If the encroachment work is not completed within the time specified in the permit or if at any time the director finds that delay in commencing or prosecuting the encroachment work is caused by lack of diligence on the part of the permittee, the director may cancel the permit and restore the right-of-way to its original condition before the encroachment is commenced.
(B) The director may, at the request of the permittee, renew or extend the time limit specified in the permit.
(C) The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the City Council.
(‘81 Code, § 12.08.110) (Am. Ord. 1322, passed 11-2-22)
(A) This subchapter shall not prevent any person from performing emergency work on any encroachment lawfully on or under any right-of-way.
(B) If emergency work necessitates the closing of right-of-way or portion thereof, then the Police Department and Fire Department shall be notified. The person performing emergency work shall apply for a written permit therefor on the first working day thereafter.
(‘81 Code, § 12.08.120) (Am. Ord. 1322, passed 11-2-22)
All encroachment work shall conform to standards established by the director.
(‘81 Code, § 12.08.130) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) In any trenching operation, the open trench shall not be in excess of one day’s work ahead of the trench work proper, unless specifically authorized by the director.
(B) Backfilling shall commence immediately after work in a trench is completed and any portion of the work which is under the jurisdiction of the city is inspected and approved by the director.
(‘81 Code, § 12.08.140) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
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