§ 29-117. Permit required.

It is unlawful for any person, its agents, servants or employees to dig, plow, blast, make cuts, openings, bore, excavate or use the right-of-way for any purpose without first having made application and obtained a permit therefore. It is unlawful for any person, its agents, servants or employees to make or cause to be made any excavation in or under the surface of any right-of-way for the installation, repair or removal of any facilities, or for any other purpose without first obtaining from the director a permit in compliance with this chapter.

(1)

Before issuing a permit, the director shall have been provided a written application, on a form furnished by the director, setting forth the name and residence or business address of the applicant; the location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and, the purpose of the excavation. The application form shall include plans prepared in accordance with city specifications.

(2)

At the time the permit is issued, the applicant shall pay a nonrefundable application fee in an amount as provided for in this chapter.

(3)

All sums paid to the city pursuant to this chapter, shall be deposited in a separate fund or funds and shall be expended only for the repair resurfacing, rehabilitation, reconstruction, or other improvement of city streets where excavation has occurred after the effective date of the ordinance from which this article derives.

(4)

The proposed location, depth and other characteristics of any facilities for which the permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this chapter.

(5)

No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any right-of-way to relocate the facilities at no cost to the city, subject to state law, if applicable, in the event that relocation is required by the city to accommodate a proper governmental use of the right-of-way.

(6)

Combinations of permits shall be permitted at the discretion of the director. Fees shall be assessed based on the excavations permitted.

(7)

Subdivision monuments, historical markers, and any other signs or structures with foundations in the right-of-way, excluding billboards, are subject to this chapter.

(Ord. No. 93319, § 1, 1-25-01)