§ 5-1-4. Permit Required to Excavate In or Open a Public Way.

(a)

Permit requirements. A person shall not disturb, excavate, or open the ground or pavement in any street, highway, sidewalk, or greenbelt within the city's public right-of-way, or on city property, without first obtaining a written permit of authorization from the City Engineer. Street excavation permits shall be issued by the Community Development Department's Engineering Services Division on an application form provided by the department.

(b)

Permit fees. All applications for a permit to excavate in, or open a public right-of-way or public property, shall include for each permit applied for, the fees listed on Schedule I of Article 1-5 of the Code of Ordinances.

(c)

Penalties. Persons who operate without a permit or violate the provisions of any permit required by this section shall be subject to the penalty outlined in Schedule II of Article 1-5, Fines and Penalties, of the Code of Ordinances. Any person who violates this section shall be assessed penalties as outlined below:

(1)

A fine not to exceed one hundred dollars ($100.00) for the first violation; and

(2)

A fine not to exceed five hundred dollars ($500.00) for a second violation within one year from the date of the first violation; and

(3)

A fine not to exceed one thousand dollars ($1,000.00) for a third and each additional violation within one year from the date of the first violation.

Penalties and costs assessed under this regulation shall continue to accrue against a responsible person until the violation is corrected or otherwise remedied in the judgment of the City Engineer, or when the responsible person pays the assessed penalties and fines.

(d)

Protection of streets.

(1)

In an effort to protect the City's investment in its infrastructure, excavations in newly constructed, reconstructed, rehabilitated, or overlaid pavements within the public right-of-way or on City property, are prohibited for five (5) years after the effective date of notice of completion or acceptance of the new, reconstructed, rehabilitated, or overlaid improvements except as follows:

a.

Excavations to remedy a public emergency or a situation that creates an imminent threat to the public safety, health, or welfare.

b.

Repair or modification to prevent interruption of essential utility services where no reasonable alternatives are available to avoid excavation in new pavements.

c.

Relocation work that is mandated by State or Federal legislation.

d.

Utility services for new buildings or parcels without existing utility services where no other reasonable means of providing service exists, as determined by the City Engineer.

e.

Excavations within protected streets where the City has scheduled the reconstruction within one year due to the failure of the original pavement.

f.

Other situations deemed by the City Manager to be in the best interest of the general public.

(2)

In all of the above, although a permit will not be denied, the applicant will be responsible for paying a pavement life reduction factor. The pavement life reduction factor will be assessed to the street damage charge as follows:

a.

Street pavement less than two (2) years old: Three (3) times street damage charge.

b.

Street pavement from two (2) years to five (5) years old: Two (2) times street damage charge.

(e)

General permit conditions and construction requirements. The City Engineer is authorized to establish and publish rules, regulations, and procedures including general permit instructions and construction requirements related to street excavation permits, and to prescribe the forms necessary for the management and operation of the excavation permit programs under this Ordinance. These rules, regulations, and procedures shall be subject to review and approval by the City Manager and a copy shall be filed with the City Clerk.

(Ord. No. 1873, § 1, 6-18-90; Ord. No. 1974, § 1, 2-10-92; Ord. No. 2097, § 1, 2-14-94; Ord. No. 2467, § I, 2-18-03; Ord. No. 2501, § I, 8-11-03; Ord. No. 2531, § I, 3-8-04; Ord. NO. 2560, § I, 5-10-04; Ord. No. 2564, § I, 6-14-04; Ord. No. 2577, § I, 11-15-04; Ord. No. 2766, § I, 9-14-09)

Charter reference

Use of streets by public utilities, Section 49.