(1) Application for a permit shall be filed with the City's Public Works Engineering Department on a form or forms to be furnished by the City. Property owners and/or tenants for whom excavation is being done shall be responsible for obtaining the permits, provided, however, contractors may obtain the permit in the contractor's name.
(2) No person shall be eligible to apply for or receive permits to excavate within the public ways of the City, save and except the following:
(a) Contractors licensed by the state as general contractors;
(c) Property owners installing, replacing, or maintaining less than five hundred (500) square feet or one hundred (100) linear feet of sidewalk, curb and gutter, or driveway approach, or other excavation approved by the City Engineer, upon a portion of the public way adjacent to their residence; or
(d) Persons offering a service which requires occupation of the public way, such as scaffold or staging, staging of a crane, installation or maintenance of electric signs, glass, awnings, and painting or cleaning of buildings or sign boards or other structures.
(3) The City Engineer may deny the issuance of permits to contractors, utility companies, or other permit applicants who have shown by past performance that in the opinion of the City Engineer they will not consistently conform to the engineering regulations, specifications, design standards, or the requirements of this Chapter.
(4) When necessary, in the judgment of the City Engineer, to fully determine the relationship of the excavation proposed to existing or proposed facilities within the public ways, or to determine whether the excavation proposed complies with the engineering regulations, construction specifications, and design standards, the City Engineer may require the filing of engineering plans, specifications, and sketches showing the proposed excavation in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved.
(5) It shall be unlawful for any person to commence excavation upon any public way until the City Engineer has approved the application and until a permit has been issued for such excavation, except as specifically approved to the contrary in this Chapter.
(6) The disapproval or denial of an application by the City Engineer may be appealed by the applicant to the City Manager by filing of a written notice of appeal within ten (10) days of the action of the City Engineer. The City Manager shall hear such appeal, if written request therefor be timely filed as soon as practicable, and render his/her decision within two (2) weeks following notice of such appeal.
(7) In approving or disapproving excavation within any public way, or permits therefor, in the inspection of such excavation; in reviewing plans, sketches or specifications; and generally in the exercise of the authority conferred upon him/her by this Chapter, the City Engineer shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons which have no relationship to the use, preservation, or protection of the public way.
(8) A permit is not required from the City Engineer for hand digging excavations for installation or repair of sprinkler systems and landscaping within the non-paved areas of the public way. However, conformance to all City specifications is required.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-63, Enacted, 11/6/1997
Ord. No. 08-22, Amended, 5/15/2008