(A) Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the Director to do so.
(1) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in the permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. An excavation permit shall include such modifications as landscaping and curb cuts.
(2) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required for City Council designated community wide events. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. An obstruction permit shall be required for the placing of such as construction materials, barricades, gravel, dirt, dumpsters or any other obstruction that precludes free and open passage of pedestrians or vehicles.
(B) No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless the person:
(1) Makes a supplementary application for another right-of-way permit before the expiration of the initial permit; and
(2) A new permit or permit extension is granted.
(C) Notwithstanding § 94.21, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching or restoration. The amount of the delay penalty shall be established from time to time by the Director.
(D) Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director.
(Ord. 732, passed 4-5-99; Am. Ord. 886, passed 10-18-05)