§ 22-83. Public right-of-way permits.

Public right-of-way permits shall be issued or denied and shall be subject to the requirements of this section and those as listed in the public right-of-way permit form (see section 22-95).

(a)

Complete application. After receipt of an application for a public right-of-way permit, the city engineer, within a reasonable time period shall determine whether an application is complete.

(b)

Incomplete application. If the application is deemed incomplete, the city engineer shall promptly advise the applicant in a written, electronic, or facsimile communication of the reasons for rejecting the application as incomplete.

(c)

Approval or denial of application. If the application is deemed complete, the city engineer, with consultation with the city's directors, in his discretion, may deny, approve, or conditionally approve the application.

(1)

If the application is approved or conditionally approved, the city engineer shall issue a public right-of-way permit to the applicant. The city engineer may condition a public right-of-way permit with specified requirements that preserve and maintain the public health, safety, welfare, and convenience. The city engineer shall inform the permittee of the basis for such requirements in the public right-of-way permit.

(2)

If the application is denied, the city engineer shall advise the applicant in a written, electronic, or facsimile communication of the basis for denial.

(3)

The city engineer and the director of streets shall have the right and authority to approve or deny an owner's contractor to work within the public right-of-way. A denial may be due but not limited to past poor performance, incorrect or incomplete work, failure to correct work, improper traffic control or items that are detrimental to public safety.

(d)

Terms and limitations. The public right-of-way permit shall specify the location, extent and method of the work, the start date, and duration of the work, the permittee to whom the public right-of-way permit is issued, and any conditions placed on the public right-of-way permit.

(e)

Duration and validity. Public right-of-way permits shall be void if the work has not begun within ninety (90) calendar days of the start date specified in the public right-of-way permit, if the work is not prosecuted diligently to its conclusion, or if the work, including restoration, has not been completed within the specified duration; provided, however, that the city engineer, in his discretion, may issue extensions to the start date, the duration of work, or both upon request from the permittee.

(f)

Non-transferability of public right-of-way permit. A public right-of-way permit is not transferable.

(g)

Moratorium streets. The city engineer shall not issue a public right-of-way permit for work in any moratorium street that includes work, specifically excavation, in the driving surface of the roadway; provided however, that the city engineer, in his discretion, may grant a waiver to allow work in the moratorium street upon written request by the applicant. The request shall demonstrate the work is necessary, cannot be delayed and other methods and means of the work cannot reasonably proceed without the work, specifically excavation, in the driving surface. The city engineer shall issue his decision on the waiver within a reasonable period after receipt of a written request for a waiver. The city engineer may place additional conditions on a public right-of-way permit subject to a waiver. The city engineer's decision regarding a waiver shall be final.

(h)

Emergency work. Nothing contained in this article shall be construed to prevent any person from taking any action necessary for the preservation of life or property or for the restoration of interrupted service provided by a municipal excavator, utility excavator or such private utility service lines by a private excavator when such necessity arises during days or times when the city engineer's office is closed. In the event that any person takes any action to work or cause work to be performed in the public right-of-way pursuant to this section, such person shall apply for a public right-of-way permit within twenty-four (24) hours after the city engineer's office opens. The applicant making application for a public right-of-way permit for emergency work shall submit a written statement on the basis of the emergency action and describe the work performed and work remaining to be performed.

(i)

Public right-of-way permit to be available at work site. The public right-of-way permit or a photo duplicate shall be available for review at the site of the work for the duration of the work and shall be shown, upon request, to any police officer or any employee of the city, any agency, board, commission, or department with jurisdictional responsibility over work in the public right-of-way.

(j)

Stop work order, modification and revocation. When the city engineer has determined that a person has violated this article or that a work site poses a hazardous situation or constitutes a public nuisance, public emergency, or other threat to the public health, safety, or welfare, or when the city engineer determines that there is a paramount public purpose, the city engineer is authorized to issue a stop work order, to impose new conditions upon, or to suspend or revoke a public right-of-way permit by notifying the permittee of such action in a written, electronic, or facsimile communication.

(k)

Public right-of-way permit record drawings. The permittee shall submit to the city engineer, prior to return of the deposit per subsection 22-85(a)(3), a set of as-built plans or record drawings showing the actual location, dimensions, changes and any other deviations in the work from the public right-of-way permit application.

(l)

Penalties. Any person or permittee who violates a stop work order, modification or revocation of a public right-of-way permit or any other provisions of this article as determined by the city engineer, commits a civil ordinance violation and shall, upon conviction, be fined not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00), for each offense. Each day a violation of this article is allowed to continue shall constitute a separate offense. In addition to any fine, the city may seek injunctive and declaratory relief directing the violator(s) to cure the violation.

(Ord. No. 18-2009, § 2, 5-5-2009)