Article II. Construction Work in City Right-of-Way
Editor’s Note:Ord. No. 18916, § 1, adopted June 26, 2007, amended the title of this article to read as herein set out. Formerly, said article was entitled “Construction Work.”
12.45.040 Application and permit required.
(a) Application.
(1) Any person desiring to obtain the City’s permission to access the City’s right-of-way or easements for the following purposes, including but not limited to: excavation; boring or tunneling; repair, construction or maintenance of a driveway, driveway approach or sidewalk; connection or disconnection with a water line or sewer line; or construction, repair or maintenance of an underground or overhead utility, shall first make application to the Development Services Director or designee and secure a permit therefor.
(2) The application shall be on a form supplied by the Development Services Director and shall contain the following:
(i) The specific location by each street address or place at which the work is to be performed;
(ii) The purpose for which the work is intended;
(iii) The dimensions: length, breadth and depth thereof;
(iv) The time when the work is to be commenced thereon;
(v) The time required to complete the work;
(vi) An agreement that the applicant shall hold the City harmless from any and all claims for injury or damages whatsoever to persons or property that may result from the contractor’s activities in the right-of-way or easement;
(vii) An agreement that the applicant shall repair any defective work done by the applicant. Further, the applicant shall agree to reimburse the City for any costs incurred by it to repair or replace the defective work should the applicant fail to do so; and
(viii) A statement that the applicant holds a current contractor’s license under Chapter 5.63 TMC to do the work for which the permit is sought. Provided, however, any permit required by this article for the construction, repair or replacement of sidewalk, driveway or driveway approach may be issued to an unlicensed individual, provided the work to be done is for work at the applicant’s single-family dwelling, including accessory building, used exclusively for living purposes, the individual is the owner of the premises, and occupies such premises. The individual shall be responsible for all materials, labor and obtaining all necessary inspections and shall submit plans that have to be approved prior to the issuance of a permit.
(b) Permit.
(1) If the application is approved by the Development Services Director under this article, the Development Services Director shall issue the permit applied for upon the payment of a fee as established in a schedule maintained by the Public Works Director or his or her designee, therefor to cover in part the expense of regulating work in the right-of-way and issuing permits therefor, and such fee shall be paid to the Development Services Director.
(2) Where any work as set forth in this article, for which a permit is required, is commenced or proceeded with prior to obtaining such permit, the fee specified in this section shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this article in the execution of such work, nor from any penalties prescribed in this article.
(3) Permits issued pursuant to this article shall be valid for a period of seven calendar days. The seven-day period shall include an allowance of four days for inclement weather conditions. If work delay due to inclement weather exceeds four days, the Development Services Director may grant an extension of time. In emergency situations where excavation work must be started prior to obtaining a permit, such as during holidays or evenings, the contractor or utility company shall obtain the permit the next working day. If the work is not completed within seven days of the issuance of the permit, the permit may be extended by the Development Services Director for an additional fee equal to the amount of the original permit fee. Where the work is estimated to exceed seven days, not more than four days shall be granted for inclement weather delays.
(c) If any person shall persistently fail, refuse or neglect to comply with the provisions of this article, or any reasonable orders and directions of the Development Services Director in reference thereto, the Development Services Director may refuse to issue any further permits to such party. (Ord. 18916 § 2, 6-26-07. Code 1981 § 40-48. Code 1995 § 130-156.)
Cross References:Public Works Department, TMC 2.20.100.