Article 3 — PERMITS AND FEES

The written permits required by this chapter shall be issued by the City Engineer, subject to the provisions of this chapter and other applicable laws.

('66 Code, § 7-2.301) (Ord. 41-C-S, passed 2-7-68)

The City Engineer shall prescribe and provide a regular form of application for the use of applicants for the permits required by this chapter. The application shall show such information and details as the City Engineer may deem necessary to establish the exact location, nature, dimensions, duration, and purpose of the proposed use or encroachment.

('66 Code, § 7-2.302) (Ord. 41-C-S, passed 2-7-68)

When required by the City Engineer, the application shall be accompanied by maps, sketches, diagrams, or similar exhibits, to the size and in the quantity as the City Engineer may prescribe, sufficient to clearly illustrate the location, dimensions, nature, and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way or watercourse.

('66 Code, § 7-2.303) (Ord. 41-C-S, passed 2-7-68)

The applicant shall also enclose with, attach, or add to the application the written order or consent to any work thereunder which may be required by law to be obtained. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the City Engineer. The permittee shall keep himself adequately informed of all state and federal laws and local laws, ordinances, and regulations which in any manner affect the permit. The applicant shall at all times comply with, and shall cause all his agents and employees to comply with, all such laws, ordinances, regulations, decisions, court, and similar authoritative orders.

('66 Code, § 7-2.304) (Ord. 41-C-S, passed 2-7-68)

Applications may be approved, conditionally approved, or denied. Where the City Engineer finds that the application is in accordance with the requirements of this chapter, he shall issue a permit for the use or encroachment, attaching such conditions as he may deem necessary for the health, safety, and welfare of the public and for the protection of the city. If the City Engineer finds the application is in conflict with the provisions of this chapter, he shall deny the permit, giving in writing the reasons for such denial.

('66 Code, § 7-2.305) (Ord. 41-C-S, passed 2-7-68)

Permits shall be written on a form prescribed by the City Engineer. No permit shall be valid unless signed by the City Engineer or his authorized representative.

('66 Code, § 7-2.306) (Ord. 41-C-S, passed 2-7-68)

The permittee shall begin the work or use authorized by a permit issued pursuant to the provisions of this chapter within 90 days from the date of issuance unless a different period is stated in the permit. If the work or use is not begun accordingly, the permit shall become void.

('66 Code, § 7-2.307) (Ord. 41-C-S, passed 2-7-68)

The permittee shall complete the work or use authorized by a permit issued pursuant to the provisions of this chapter within the time specified in the permit. If at any time the City Engineer finds that a delay in the prosecution of completion of the work or use authorized is due to lack of diligence on the part of the permittee, the City Engineer may cancel the permit and restore the right-of-way or watercourse to its former condition. The permittee shall reimburse the city for all expenses incurred by the city in restoring the right-of-way or watercourse.

('66 Code, § 7-2.308) (Ord. 41-C-S, passed 2-7-68)

(A) The permittee shall keep any permit issued pursuant to the provisions of this chapter at the site of work, or in the cab of a vehicle when movement thereof on a public street is involved, and the permit shall be shown to any authorized representative of the City Engineer or law enforcement officer on demand.

(B) A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee, or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the City Engineer or law enforcement officer within a reasonable time after demand therefor is made.

('66 Code, § 7-2.309) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

Permits shall be issued only to the person, firm, or corporation making application therefor and may not be assigned to another person by the permittee. If any permittee assigns his permit to another, the permit shall become void.

('66 Code, § 7-2.310) (Ord. 41-C-S, passed 2-7-68)

No changes may be made in the location, dimension, character, or duration of the encroachment or use as granted by the permit except upon written authorization of the City Engineer; however, the

location of underground pipes or conduits smaller than six inches in diameter shall be exempt from this requirement. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or for changes therein or thereto where such changes or additions require no excavation of the right-of-way.

('66 Code, § 7-2.311) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

(A) The schedule of fees shall be those established and adopted by the Council from time to time by resolution. Before a permit is issued the applicant shall deposit with the city cash or a check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with the schedule established and adopted by the Council.

(B) Public utilities may, at the City Engineer's option, make payment for the above charges as billed by the city instead of advance deposits as required above.

(C) Fees shall not be required of any public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street, right-of-way, or watercourse.

('66 Code, § 7-2.312) (Ord. 41-C-S, passed 2-7-68)