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(A) The approval of the City Commission is required before removing any tree or shrub located in the city right-of-way. Any such tree or shrub removed or damaged shall be replaced by the permittee with a tree or shrub of the size, species and location specified by the City Commission at the applicant’s expense. The permittee shall be responsible for any replacement tree or shrub for one year after the date of planting and shall again replace the same if it dies within that time.
(B) The parkway trench may be backfilled with the materials excavated and removed therefrom, provided the material is not frozen and all lumps, stones or concrete greater than six inches in diameter are first removed therefrom. The parkway trench shall be allowed to settle for one month or be rolled and compacted, six inches of topsoil shall be placed on the top thereof and seeded with grass and mulch placed or sodded as weather permits and when weather permits.
(1990 Code, § 4.17)
The applicant or permittee shall make no curb cuts but shall apply to the Department of Public Works Director to have the curb cut as set forth. The replacement of curb previously cut shall be at the expense of the permittee and under the supervision and control of the Department of Public Works.
(1990 Code, § 4.18)
As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean up operations at the location of such excavations shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Director of the Department of Public Works. From time to time as may be ordered by the Director of the Department of Public Works, and in any event, immediately upon completion of the work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused material of any kind resulting from said work, and upon failure to do so, within 24 hours after having been notified by the Director of the Department of Public Works, the work may be done by city employees and the cost thereof charged to the permittee. The permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
(1990 Code, § 4.19)
After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition or as near as may be so as not to obstruct the public place or travel thereon more than is reasonably necessary. In no case shall the excavation extend more than 30 days under the permit hereunder unless the permit is specifically renewed by the City Commission.
(1990 Code, § 4.20)
When traffic conditions, the safety or convenience of the traveling public, or the public interest require that the excavation work be performed as emergency work, the Director of the Department of Public Works shall have full power to order at the time the permit is granted that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as practicable.
(1990 Code, § 4.21)
Nothing in this subchapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduits or pipes or for making emergency repairs, provided that the person making such excavation shall apply to the City Clerk for such a permit on the first working day after such work is commenced.
(1990 Code, § 4.22)
Any monuments set for the purpose of locating or preserving the lines of any street or property subdivision or precise survey reference point, or a permanent survey benchmark within the city, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining the written permission of the City Commission to do so. Then such permission to remove or disturb such monument shall be granted only upon the condition that the person making such disturbance of the monument shall pay all expenses incident to the proper relocation and replacement of the monument.
(1990 Code, § 4.23)
The Director of Public Works shall make such inspections as are reasonably necessary in the enforcement of this subchapter. The Director of Public Works shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent and purpose of this subchapter.
(1990 Code, § 4.24)
Any existing driveway apron entering off of or onto a paved or tarred road which is not paved with concrete or approved bituminous asphalt shall be so paved within five years after the effective date of Ordinance 291 (September 14, 1977). If the owner or occupant of the property does not arrange for the paving and payment thereof himself, then the approach or driveway apron shall be paved by the city and the cost and expenses thereof shall be charged to such owner or occupant as part of a special assessment in the manner provided for special assessments by the City Charter. If the driveway aprons and approaches are not paved within five years of the effective date of Ordinance 291, the Zoning Administrator shall give the owner or occupant thereof 30 days notice to pave the same, and if such person, firm or corporation owning the property shall neglect or refuse to do so, then the Zoning Administrator shall cause the driveway apron or approach to be paved and he shall make a detailed report to the City Commission of the cost and expenses, which cost and expenses shall be charged to the owner or occupant in the manner provided by the Charter relative to special assessments. Any newly constructed driveway aprons or approaches shall be paved immediately after the cut is made into the traveled portion of the roadway and the base construction is completed.
(1990 Code, § 4.25)
Encroachments and obstructions in the street may be removed and excavations refilled and the expense of such removal or refilling charged to the abutting land owner when made or permitted by him or suffered to remain by him otherwise than in accordance with the terms and conditions of this chapter. The procedure for collection of such expenses shall be as prescribed in this code.
(1990 Code, § 4.37)
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