(A) Any utility company and/or property owner which disrupts, excavates, bores or cuts into the surface, sub-grade, or other portion of any city street or curb which has been replaced or repaired under the Street Replacement and Repair Program within the 15 years immediately preceding the date the utility company and/or property owner applies for its permit under § 52.03, shall conduct a complete reconstruction, as that term is defined in § 52.01 of the street segment, as that term is defined in § 52.01, and any permit granted under this action shall require such reconstruction of the street segment, unless a waiver is granted as provided in division (C) below. Such reconstruction shall occur and be completed within 365 days of the disruption, excavation, boring or cutting into the surface. Notwithstanding, the foregoing, this division (A) shall not apply if:
(1) The utility company participated, as that term is defined in § 52.01, in the repair or replacement of the portion of the street which is proposed to be disrupted, excavated, bored or cut by the utility company, when the city reconstructed or repaired that portion of the street, and
(2) The disruption, excavation, boring or cutting into the surface, sub-grade, or other portion of any city street or curb is necessitated by good engineering practice, as determined in sole discretion of the Director of Public Works, who may rely on an opinion issued by a licensed Kentucky engineer.
(B) (1) Waivers to division (A) or any of its requirements, or waivers with conditions, may be granted by the City Administrative Officer, the Public Works Director, upon the recommendation and advice of the Public Works Director, who shall consider the following in determining whether to grant such waiver:
(a) The amount of time that will lapse prior the next repair or replacement of the street segment in question by the city under the Street Replacement and Repair Program;
(b) Whether the City Engineer believes or has issued an opinion regarding whether the waiver will not cause the shortening of the lifespan of the street segment in question or otherwise cause harm to the city;
(c) Whether unique topography or engineering factors justify the granting of the waiver;
(d) The furtherance of the goals of this chapter are met through the granting of the waiver, including whether the repair or replacement of the street was foreseeable by the utility company during the last road reconstruction or repair by the city under the Street Replacement and Repair Program; and
(e) The hardship to applicant in light of the goals of this chapter.
(2) No waiver may be granted until the City Engineer is consulted and renders an opinion. Requests for waivers shall be in writing and delivered to the City Clerk and shall be submitted, except in cases of emergency, prior to the disruption, excavation, or cutting into the surface, sub-grade, or other portion of any city street, curb or sidewalk.
(3) Any appeals to waiver determinations shall be made to the Mayor, by delivering a notice of appeal to the City Clerk, in writing, within seven calendar days of the original determination; the Mayor shall hold a hearing on the appeal within 30 days of the city’s receipt of the appeal and issue a decision thereon with seven days of the hearing. Further appeal may be had to the Circuit Court, by filing a notice of appeal and complaint within 14 days after the Mayor’s determination, which shall be limited to a review of the record before the Mayor and a determination as to whether the Mayor abused his or her discretion and acted arbitrarily and capriciously.
(C) If the Director of Public Works, after consulting with the City Engineer, determines that any sidewalks or driveway located in a street segment being reconstructed or restored by a utility company and/or property owner requires repair as part of the utility company’s and/or property owner’s project, then the utility company and/or property owner shall perform such work consistent with the specifications as required by the City Engineer.
(D) All restoration work related to the permit shall be completed in a prompt and expeditious manner to minimize the amount of time any portion of the public right-of-way area is disturbed. If permanent restoration, in accordance with the specifications as defined herein, does not occur immediately upon completion of work, the permit holder shall be required to complete temporary restoration of all disturbed area in accordance with city specifications. All permanent restoration work shall be completed within 30 days from the date of the permit’s issuance, or promptly upon completion of the work, whichever is later, during the time period of December 1 through March 31; permanent restoration shall be completed in a timely manner, subject to appropriate weather conditions. A final inspection of all permanent restoration work is required by the Public Works Director or a designee.
(E) No person in control shall case, permit, or allow any violation of division (A), (C) or (D) of this section. No person in control, having received notice by the city of a violation of division (A), (C) or (D) of this section shall fail to correct said violation within 30 days of notice, or, if reconstruction is involved, shall fail to cause such reconstruction to occur within 365 days of that notice. Notice under this division is valid if sent by ordinary U.S. mail, certified mail, facsimile, or electronic mail.
(Ord. 15-02, passed 4-1-2015) Penalty, see § 52.99