Chapter 16.07 — PUBLIC WORKS PERMITS

No person shall lay pipes, conduits, lines or utilities or construct, reconstruct, repair or alter any curb, gutter, sidewalk, street or appurtenance therein, or excavate in, close, encroach over or upon, overload in weight or size or occupy with building materials or other items, in or upon any street, alley, public service easement, court, way, easement or other public place or city right-of-way or property without first obtaining a permit in writing to do so from the City Engineer provided in this chapter.

(Ord. 2722, passed - -1990)

Any person desiring a permit shall file a written application therefor with the City Engineer, which application shall be on a form furnished by the City Engineer and under the conditions therein specified by him or her. The application or applications may be required for the following general areas:

• (A) Construction;

• (B) Excavation;

• (C) Temporary street occupancy;

• (D) Temporary street closure related to construction;

• (E) Vehicle overlimit;

• (F) Right-of-way encroachment;

• (G) Haul routing;

• (H) Miscellaneous unlisted work in public property.

• (Ord. 2722, passed - -1990)

(A) No permit shall be issued for any work within public rights-of-way or other public property until the following actions have been taken by the applicant:

• (1) Application has been submitted in a form acceptable to the City Engineer;

• (2) Plans for the work, if required, have been submitted, examined and approved by the City Engineer; and

• (3) All permit and issuance fees have been paid or provided for in accordance with the provisions of this title,

including a cash bond if required by the City Engineer, to guarantee restoration of the public improvements and completion of the work. In instances where the bond requirement exceeds $5,000, a surety bond may be posted for that amount exceeding $5,000 as approved by the City Engineer.

(B) The cash sums are to bond for the excavation of the city right-of-way and to guarantee that the work is done correctly and in conformance with city standards and specifications.

(C) (1) If the work is not performed as specified in the agreement or permit or not completed, the City Engineer may cause any or all of the work to be done, and shall deduct the costs of same, including expenses for overhead and administration, from the cash bond amount.

(2) In addition, he or she may deduct from the cash bond the necessary amount to cover inspection and other labor charges and expenses incurred in the completion or repair of the work.

(D) No work shall be performed in a greater amount or quantity than that specified in the application and described on the permit. No work for which a permit has been issued shall be commenced unless the applicant or permittee has

notified the City Engineer 24 hours before commencing work, specifying the day, hour and location at which the work will take place.

(Ord. 2722, passed - -1990)

No person shall do any of the work for which a permit is required without obtaining the controlling design and construction information from the City Engineer and without preparing for review and approval by the City Engineer the plans and designs necessary for the proper performance of the work.

(Ord. 2722, passed - -1990)

(A) All underground facilities located or installed in public rights-of-way in the city shall be constructed and maintained with a depth of cover established by the City Engineer. The City Engineer may determine and require in particular cases, that public safety or convenience requires that depths be variable, facilities be concrete encased, that installations be by jacking, boring and tunneling and the hours and days of work be restricted.

(B) Whenever construction, reconstruction or maintenance work on any of the public rights-of-way requires the change in grade or alignment of pipeline or conduit, the same shall be immediately moved at the sole expense of the permittee upon the request of the City Engineer.

(Ord. 2722, passed - -1990)

Whenever any work covered by a permit as provided in this chapter has been completed, the permittee shall so notify the City Engineer or his or her duly authorized representative in writing. If, after a final field inspection, the work is found to be completed in accordance with the requirements of the permit and all the provisions of this title, the City Engineer may issue a copy of the permit stating that all of the work covered by the permit was completed in a satisfactory manner, if so requested by the permittee. Upon completion to the satisfaction of the City Engineer or within a reasonable period thereafter, the cash bond, less any expenses incurred by the city, shall be released. (Ord. 2722, passed - -1990)

Any person found to be excavating in the public right-of-way or occupying the right-of-way where a permit is required and not in possession of a valid public works permit shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $1,000.

(Ord. 2722, passed - -1990; Ord. 2787, passed - -1991)

No person performing any work under the provisions of this title shall fail, refuse or neglect to remove all material and debris from the public area within a reasonable time of completion and as required for safety and convenience as determined by the City Engineer.

(Ord. 2722, passed - -1990)

Any person aggrieved by a decision reached by the City Engineer pursuant to the provisions of this chapter may file an appeal from such decision to the City Council. Such appeal shall be made in written form and shall briefly describe the nature of the decision made and the reasons for the appeal. Such appeal shall be filed with the City Clerk. Upon receiving such an appeal, the City Clerk shall set the same for consideration by the City Council at its next most convenient meeting and shall give the appealing party and any other person requesting the same, five days’ written notice of the time and place of such hearing, by U.S. mail, postage prepaid, addressed to such persons at their last known address. The hearing to be conducted by the City Council upon such an appeal need not be a formal public hearing, provided that all interested persons shall be given a reasonable opportunity to be heard. The City Council shall determine whether the appeal is well founded, based upon the provisions of this chapter, and its decision shall be final and conclusive.

(Ord. 2722, passed - -1990)