(A) The city shall have exclusive dominion, control and jurisdiction in, over, under, through, along and across the streets and rights-of-way, and may provide for the improvement thereof by paving, re-paving, raising, draining, realigning, closing or otherwise the use thereof. The provisions, without limitations, of law providing for assessments against abutting property for street improvements are expressly adopted. The exclusive dominion, control and jurisdiction in, over, under, through, along and across the streets and rights-of-way of the city shall also include, but not be limited to, the power to regulate, locate, remove or prohibit the location, installation, alteration or removal of any type of facility or other property in, over, under, through, along or across any streets or rights-of-way. The location, alteration or removal, including the route, of all facilities within the rights-of-way or streets shall be subject to the reasonable direction of the city.
(B) It shall be unlawful for any owner or contractor, including his or her agents, servants, independent contractors or employees to occupy or obstruct any portion of the right-of-way or streets or to perform any construction activity, or to cause another to do the same, for any purpose in, over, under, through, along or across any street or right-of-way without first having made all applications for permits and, when required, obtained all permits therefore, together with a bond approved by the Building Inspector in an amount determined as herein provided, conditioned that the principal therein will discharge all claims of every character arising from or occasioned by the occupancy or construction activity or by reason of damages or injuries sustained by persons or property because of the occupancy, construction activity, excavation or other activity thereon and discharge all judgments obtained, together with all costs attached thereto against the city by reason of any claim, injury or damage sustained. The contractor and owner carrying on any construction activity or excavation shall keep all streets and rights-of-way adjacent to the construction activity or excavation carried on by the contractor or owner, in a clean, safe and orderly condition, and unobstructed, except as provided in this subchapter, during all such activities, and shall restore all streets, rights-of-way, facilities and other structures damaged, altered or injured, in any way, to as good condition as they were before the beginning of the activities. The owner or contractor may, in lieu of providing a separate bond on each permit or construction project, annually file with the city a bond providing the above required coverage to the city, which bond shall be and remain in effect for a term of one year and applicable to all work performed by the owner or contractor within the city.
(C) It shall be unlawful for any person to use or occupy any street or right-of-way for the purpose of providing abutting, adjoining or other property with any utility service, public service, data, voice or video transmission service, cable television, taxi or solid waste collection service, without having first obtained a franchise or license issued and approved by the City Council, except as specifically provided otherwise by state law.
(D) Construction activity, excavation, obstruction or other work shall cease immediately upon the issuance of a stop work order from the Building Inspector or from any authorized law enforcement agent of the city. It shall be unlawful to remove a stop work order placed upon a construction or work site until compliance with this chapter has been accomplished. No work so ordered to stop shall commence after issuance of the stop work order until the violation has been corrected and the Building Inspector in writing authorizes the contractor to begin again.
(E) It shall be unlawful and a violation of this subchapter for any person, contractor or owner to maintain an existing excavation within the city or to work upon or assist in any way in the execution or operation of any excavation, without an excavation permit having been issued by the city in accordance with this subchapter.
(F) It shall be unlawful for the owner of any building or property abutting on any street or right-of-way in the city, or any tenant occupying the building or property, or any other person, to construct, build, operate or maintain any building, facility or part thereof, including a show window, which extends over any part of any street or right-of-way.
(G) It shall be unlawful to erect, remove, repair, install, build or alter, in any fashion whatsoever, any posts, poles, towers or other facilities that are erected for the purpose of bearing wires, cables or any other transmission media, or to alter in any fashion any existing posts, poles, towers or other facilities that are used in connection with any telegraph, electric light, telephone, street railway, transmission media, radio or like purpose, and none shall be erected, placed, kept or maintained upon any street or right-of-way within the city, unless a written permit shall have first been obtained from the Building Inspector to erect, install, remove, repair, build or alter, in any fashion whatsoever, the posts, poles, towers or other facility.
(Ord. 2006-003, passed 3-22-2006) Penalty, see § 92.99