902.19 MINOR MAINTENANCE PERMITS.

   (a)   Minor Maintenance Permit Requirement. No Person shall perform Minor Maintenance of Facilities in the Rights of Way without first having obtained a Minor Maintenance Permit as set forth in this Chapter. Minor Maintenance means: (i) the routine repair or replacement of Facilities with like Facilities not involving Construction and not requiring traffic control for more than two (2) hours at any one location; (ii) or the routine repair or replacement of Facilities with like Facilities not involving Construction and taking place on thoroughfares and arteries between the hours of 9:00 a.m. and 3:00 p.m.; (iii) or the routine repair or replacement of Facilities with like Facilities not involving Construction on all Rights of Ways, other than thoroughfares and arterials, that does not impede traffic and is for a period of less than eight (8) contiguous hours; (iv) or Construction other than on thoroughfares and arterials that takes less than eight (8) contiguous hours to complete, does not impede traffic and does not involve a pavement cut.

      (1)   A Minor Maintenance Permit allows the Minor Maintenance Permittee to perform all minor maintenance in any part of the Rights of Way as required.

      (2)   A Minor Maintenance Permit is valid from the date of issuance until December 31 of the year in which the Minor Maintenance Permit was issued at which time the Minor Maintenance Permit shall expire.

      (3)   A Minor Maintenance Permit must be displayed or upon request produced within twelve (12) business hours.

      (4)   A Minor Maintenance Permit by itself shall under no circumstances provide a Permittee with the ability to cut pavement without seeking additional authority from the Director of the Department of Public Service.

   (b)   Minor Maintenance Permit Applications. Application for a Minor Maintenance Permit shall be made to the Director of the Department of Public Service. In addition to any information required by the Director of Public Service, all Minor Maintenance Permit Applications shall contain, and will only be considered complete upon compliance with the following provisions:

      (1)   Credible evidence that the Applicant has obtained a Certificate of Registration or proof that the Applicant has written authority to apply for a Minor Maintenance Permit on behalf of a party that has been issued a Certificate of Registration;

      (2)   Submission of a completed Minor Maintenance Permit Application in the form required by the Director of Public Service.

      (3)   A statement that the Applicant will employ protective measures and devices that, consistent with the Ohio Manual of Uniform Traffic Control Devices, will prevent injury or damage to Persons or property and to minimize disruptions to the efficient movement of pedestrian and vehicular traffic.

   (c)   Issuance of Minor Maintenance Permits; Conditions. 

      (1)   If the Director of Public Service determines that the Applicant has satisfied the requirements of this Chapter and the Minor Maintenance Permit process, the Director of Public Service shall issue a Minor Maintenance Permit subject to the provisions of this Chapter.

      (2)   The City may impose reasonable conditions, in addition to the Rules and Regulations enacted by the Director of Public Service, upon the issuance of the Minor Maintenance Permit and the performance of the Minor Maintenance Permittee thereunder in order to protect the public health, safety, and welfare, to insure the structural integrity of the Rights of Way, to protect the property and safety of other users of the Rights of Way, and to minimize the disruption and inconvenience to the traveling public.

   (d)   Minor Maintenance Permit Fees. The Director of Public Service shall, after providing notice to and seeking input from all Providers with Systems in the City Right of Way, develop and maintain a schedule of Permit Fees in an amount sufficient to recoup all reasonable costs associated with processing Minor Maintenance Permits, as allowed by Law. No Minor Maintenance Permit shall be issued without payment of Minor Maintenance Permit Fees except to the City or County, which shall be exempt. Minor Maintenance Permit Fees that were paid for a Minor Maintenance Permit that the City has revoked due to breach are not refundable.

   The Director of Public Service may revoke the Minor Maintenance Permit as any other Permit may be revoked under this Chapter.

(Ord. 39-01. Passed 9-18-01.)