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§ 150.047 DUTY OF CITY MANAGER.
   The City Manager or designee may promulgate provisions to be included as a part of the excavation permit as the City Manager or designee deems necessary or advisable to protect the public from injury, to prevent damage to public or private property, and to minimize interference with the public use of the streets.
(Prior Code, § 150.032)
§ 150.048 EMERGENCY ACTION.
   A permit is not required prior to excavation in the event of any emergency in which a main, conduit, or utility facility in or under any street breaks, bursts, or otherwise is in the condition as to immediately endanger the property, life, health, and safety of individuals. However, the persons owning or controlling the facility shall thereafter apply for an excavation permit, and shall not proceed with permanent repairs without first obtaining an excavation permit.
(Prior Code, § 150.033) Penalty, see § 150.999
§ 150.049 NONCOMPLETION OR ABANDONMENT.
   Work shall progress in an expeditious manner until completion. If work is not performed in accordance with the permit or this subchapter, or stops or is abandoned without due cause, the city may correct the work or fill the excavations and repair the street. The city may not take this action until after six-hour notice in writing to the holder of the permit of intent to do so. The entire cost to the city of the work will be a liability of and will be paid by the person to whom the permit was issued or the permittee’s surety.
(Prior Code, § 150.034)
§ 150.050 INDEMNIFICATION.
   The permittee will indemnify, keep, and hold the city, the City Council, and city employees free and harmless from liability on account of injury or damage to persons or property arising or growing out of the permittee’s negligence in making any street excavation. In the event that a claim is made against the city, the permittee, upon notice to it by the city, will defend the city at the cost of the permittee. If a final judgment is obtained against the city, either independently or jointly with the permittee, the permittee will pay the entire judgment with all costs and hold the city harmless of any costs or damages incurred.
(Prior Code, § 150.035)
§ 150.051 EXEMPTION FROM FEE PAYMENT AND INSURANCE PROVISIONS.
   The provisions of this subchapter requiring payment of a permit fee and evidence of public liability and property damage insurance do not apply to any excavation work carried on by the city or its employees, and utilities operating gas, electric, or telephone facilities within the city.
(Prior Code, § 150.036)
§ 150.052 REFUSAL OF PERMITS.
   If any person refuses or neglects to comply with the provisions of this subchapter or of any permit, the City Manager or designee may refuse to issue further permits to the person.
(Prior Code, § 150.037)
SWIMMING POOLS
§ 150.065 DEFINITION.
   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   SWIMMING POOLS. Any structure, bathing chamber, or tank including but not limited to above and below ground swimming pools, hot tubs, or spas, used for swimming or bathing, over 24 inches in depth, or with a surface area of more than 150 square feet, that is constructed above or below ground. (Prior Code, § 150.050) (Ord. 2022-03, passed 5-24-2022)
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