(A) It shall be unlawful for any person to cut into any paving, curb, or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the City Clerk. Before any person shall obtain a permit, he/she shall inform the City Clerk of the place where such cutting is to be done, and it shall be the Municipal Street Superintendent's duty to make the cut, tear out and remove the old concrete, and haul it away. The applicant shall notify the Municipal Street Superintendent and obtain the written permit at least twenty-four (24) hours before the cutting is to be done. In the event of an emergency, if a party must cut into the paving, it shall be the duty of the party to cut the paving under such rules and regulations as may be prescribed by the Municipal Street Superintendent; provided, that all such cuts shall be "saw cuts" unless the applicant secured written permission from the City Council to use another method. When the applicant is ready to close the opening made, he/she shall inform the Municipal Street Superintendent at least twenty-four (24) hours before the opening is to be closed. The work of cutting and closing the paving shall be charged to the party who obtained such permit.
(B) Before any permit is issued by the City Clerk, the applicant for such permit shall deposit with the City Treasurer a fee for all paving, curb, or sidewalk to be cut, which fee shall be set on a per square-foot cost of construction basis. Said fee shall be set by ordinance of the City Council, on file at the office of the City Clerk and available for public inspection during office hours. The deposit shall be retained by the City for the purpose of making the cut, removing the old concrete, removing the debris and replacing the paving, curb, or sidewalk. The deposit shall be retained by the City until the work is completed to the satisfaction of the Municipal Street Superintendent. The costs of the cutting, tearing out, removing and replacing shall be deducted from the deposit, and the balance shall be returned to the applicant. No permit shall be granted unless the applicant shall in addition to all other requirements, agree in writing to the following conditions:
(1) That the applicant will compensate the City for all work done by the City in cutting, removing, replacing or repairing any places cut in the pavement, curb, or sidewalk by the applicant or the City.
(2) That the applicant will obey all laws of the City and will save the City harmless from any damages which may occur as the result of any work performed by the applicant. (Amended by Ord. No. 799, 1/3/12)