(A) Any person or utility company desiring to encroach upon any public street, sidewalk, or any area within publicly dedicated right-of-way under the ownership and/or maintenance of the city shall obtain an application for an encroachment permit from the city prior to commencing work. The encroachment permit application, on a form provided by the city, shall be completed and submitted to the Mayor, or the Mayor's designee, prior to the commencement of any work. The Mayor, or the Mayor's designee, shall promptly review the submitted application and upon determination that all requisite information has been submitted, approve and issue the encroachment permit without undue delay. The provisions set forth in this chapter shall apply to the encroachment permit holder and his or her employees, agents, and subcontractors.
(B) The issuance of an encroachment permit by the city shall obligate the encroachment permit holder to perform all work in accordance with the submitted application. The encroachment permit holder, during the course of street opening operations, shall be responsible for properly securing, maintaining, and marking the work area sufficiently to warn the public and avoid any safety hazard to vehicles and pedestrians. The encroachment permit holder shall be responsible for the defense of any claim from any individual regarding personal injury and/or damage to public or private property resulting from the work area covered by the encroachment permit.
(C) The encroachment permit holder shall include the city engineer in the planning phase. Additionally, the encroachment permit holder shall notify the city engineer of the preconstruction meeting for the work under the encroachment permit application. The preconstruction meeting shall occur at least two (2) weeks prior to commencing work.
(Ord. 2016-2, passed 2-17-2016)