(A) Permit application.
(1) All applications to the city for a permit to open, cut or excavate in any street or sidewalk, easement or right-of-way shall be in writing on a form promulgated by the city and shall be accompanied by at least one copy of plans showing the location of the work to be accomplished with reference to street lines, utilities, buildings, curbs, sidewalks, trees, poles or other objects that might affect the work. All applications shall include a permit and plan review fee to cover the city's cost of plan review, inspection and issuing the permit. The permit fee shall be the amount set forth in § 210-30 of this subchapter entitled "Permit Fees and Pavement Cut Surcharge." No part of the permit and plan review fee shall be refundable.
(B) Qualifications of applicant.
(1) Applicants for permits may be either an owner or a contractor. If the improvement to be constructed under the permit is not to become the property of the city and if the applicant is someone other than the owner, the owner shall also sign the permit form indicating consent agreement to the conditions of the permit.
(2) It shall be unlawful to perform construction work in the public rights-of-way except as permitted in this section. The work under a permit issued by the city may be performed only by:
(a) Contractors licensed by the State of Arizona to work in the public rights-of-way and easements for the type of work to be accomplished;
(b) Public Service Corporations and Telecommunication Licensees; or
(c) Governmental Agencies.
(C) Right to repair street cuts. In the event that the applicant for a pavement cut has failed inspection for one or more pavement cuts within the preceding one-year period, in the determination of the City Engineer or his designee, the city may condition the issuance of any further permits to make a pavement cut upon the city repairing the pavement cut. In the event the city repairs the pavement cut, the city will charge the city's estimated repair fee and an administrative charge of 10% of the estimated repair fee. In the event final construction cost is less or more than the estimated repair fee, the difference of the fee and the administrative charge will be refunded or invoiced for payment within 30 days by the applicant.
(D) Duty to repair street. It shall be the duty of every person working in the public right-of-way who causes any damage to the public street or other facility to repair the facility in accordance with city standards, specifications and guidelines, under a city permit, review and inspection, and in such manner that the street or facility is returned as nearly as practicable to its original condition and warranty the repair for a period not less than one year from the date of final acceptance of the repair.
(E) Restoration. For those streets that have been subject to pavement maintenance in the last three years, the applicant shall restore the pavement structural section with a matching pavement section, extending a minimum 12-inches beyond the trench cut edge in all directions. If at the one-year warranty inspection there are signs of reflective cracking or other failure at the repair, the applicant shall be required to apply a seal coat treatment consistent with current city standards on the half street where the repair was made to cover all cut lines for a distance 25 feet from each end of the pavement cut or the nearest curb line if less than 25 feet.
(F) Compliance with standard details and specifications. All work done under permits granted by authority of this subchapter shall be completed within the time set in the approved permit. All work shall be done in accordance with the official grades, specifications, standards and guidelines of the city.
(G) Liability of applicants repairing street for defective repair.
(1) Any applicant or owner who fails, neglects or refuses to repair or maintain the repair to a public street or facility in the city's rights-of-way or easements as required by this subchapter shall be given a written notice from the City Engineer or designee to repair the public street or facility. Such notice shall contain a brief statement of the violation and the name, address and telephone number of a city representative who may be contacted for further information. The notice shall further inform such persons that failure to comply with the notice within the stated time will cause the city to perform the work and that all charges, plus the 10% administrative fee will be billed to the owner and applicant.
(2) When any persons to whom notice has been given, fails, neglects or refuses to repair or maintain the repair to a public street or facility by the date set for compliance within the notice, the City Engineer or designee shall repair or maintain the public street or facility and take such other action as necessary to abate the failure to repair or maintain the public street or facility within the time period set forth in the written notice to the permit holder. Owner and applicant shall jointly and severally be responsible to pay the city its entire cost, including design, engineering and incidentals, together with applicable overhead and administrative charges. The City Finance Department or designee shall bill the cost and administrative charges. If the owner or applicant fails to pay, the City Finance Department or designee may initiate collection proceedings as allowed by law and add to the billed amount collection costs and attorneys' fees plus applicable overhead and administrative charges.
(3) The City Engineer or designee shall have the authority to determine the date of completion of the initial repair period and whether or not the repair has satisfactorily performed for a warranty period of one year. In determining whether or not a repair has satisfactorily performed, the City Engineer or designee shall apply normal engineering practices for the type of street or facility in question and such other applicable specifications, standards and guidelines as adopted by the city.
(Ord. O2019-024, passed 6-19-19) Penalty, see § 210-99