(A) It shall be unlawful for any person to make, build, construct, install, cut, remove, excavate or replace any pavement, driveway, curb, gutter, sidewalk, pipes, and conduits within city easements and/or rights-of-way without an approved permit issued by the City Engineer or designee.
(B) Notwithstanding division (A) of this section, repairs to any pavement, curb, gutter, driveway, pipes or conduits may be made by the original party constructing the improvements or their successors in interest in accordance with the original approved permit, subject to any necessary updated traffic control plans and permitting.
(C) Whenever a cut or excavation is necessary for the protection of public health and safety and must be performed outside the normal city working hours, applicants and/or owners shall obtain any required permits within three working days of the commencement of the work.
(D) The pavement cut restrictions and associated fees in this subchapter shall not apply to the city or any contractor working on behalf of the city for any utility repair, maintenance, relocation or replacement.
(E) The City Engineer may authorize an exception or partial exception to the pavement cut restrictions in this subchapter under any one of the following conditions:
(1) A verifiable emergency exists that endangers life or property;
(2) There is an interruption of essential utility service;
(3) Utility or other service for buildings is required where no other feasible means of providing such service exists;
(4) Utility or construction work performed by or on behalf of the city; or
(5) A pavement cut is required by city, county, state or federal regulation.
(Ord. O2019-024, passed 6-19-19) Penalty, see § 210-99