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(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
(A) Except for materials properly stored, the permittee shall at all times keep the right-of-way clear of all materials, earth and debris. Immediately after completion of the work, the permittee shall clean up and remove all materials, earth and debris of any kind.
(B) If the permittee fails within 24 hours after having been notified by the director to remove or clean up unpermitted materials, earth or debris from the right-of-way, such cleanup work may be done by the city and the permittee charged for all expenses incurred.
(‘81 Code, § 12.08.150) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) In the conduct of the encroachment work, the permittee shall provide and maintain traffic control devices and related protective measures as required by the approved traffic control plan, including but not limited to lights, barricades, signs, and watchmen as are necessary to protect the public. Any omission on the part of the director to specify in the permit what safety devices shall be provided by the permittee shall not excuse the permittee from complying with all laws, regulations, and ordinances relating to the protection of persons under the circumstances. If the director finds that suitable safeguards are not being provided, he may provide, maintain and relocate such safety devices as are deemed necessary, or he may cancel the permit and restore the right-of- way in accordance with existing standards, charging the permittee the entire cost of the work.
(B) A permittee making any excavation or leaving any obstruction which could be a hazard to persons using a right-of-way shall provide and maintain warning lights far enough away from the excavation or obstruction to give adequate warning to such persons from one-half hour before sunset of each day to one-half hour after sunrise the next day, until the work is completed and the right-of-way made safe for use.
(‘81 Code, § 12.08.160) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
(A) Every permittee must comply with the provisions of this subchapter and assumes and agrees to pay all costs, obligations, and liabilities arising out of the performance of the work of excavation, removal, backfilling and surfacing authorized by the applicable permit, whether such work is performed by the permittee or by the city.
(B) However, no provision of this subchapter shall be construed to impose upon the permittee a greater or different duty of care to third persons than would otherwise be imposed by law in the absence of such provisions.
(‘81 Code, § 12.08.170) (Am. Ord. 1322, passed 11-2-22)
Nothing in this subchapter shall be deemed to relieve a permittee from liability for any damages caused by the permittee in performing any work under this subchapter, or to impose such liability upon the city; nor shall any permittee by reason of compliance with the minimum requirements of the director be relieved of liability to the city and others for damage resulting from the subsidence of any street surface following work performed under this subchapter; and all permittees performing work under this subchapter or for whom work is performed under this subchapter, shall compensate the city for the cost of such subsidence, and shall save the city harmless from all costs and liabilities sustained by the city on account of such work.
(‘81 Code, § 12.08.180) (Am. Ord. 1322, passed 11-2-22)
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