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Municipal Code

Chapter 14. Municipal Utilities

Sec. 14-03. Construction requirements.

(1) Permit required. No construction, alteration or repair of any utility facility, except as herein provided, shall be done or made until after a permit for such construction, alteration or repair has been granted by the city engineer. A separate permit will be required for each project, address, incident or location.

  1. A fee of $5.00 shall be charged for each permit.
  2. The permit fee shall include up to one hour of inspection. If, in the judgment of the city engineer, more inspection is determined to be necessary, then the permittee shall be responsible for the actual cost of such additional inspection.

(2) Map. In the case of new construction, the request for a permit shall be accompanied by a map, sketch or plans of the proposed installation.

(3) Contents of permit. In the case of alteration or repair of an existing facility, the request for a permit shall state the nature and extent of such alteration or repair in sufficient detail to make the alteration or repair clear.

(4) Emergency work. If an emergency requires repair or alteration of a facility before the city engineer can act upon a request for a permit, the utility may proceed with such repair or alteration without a permit, providing all applicable provisions of this section are complied with and providing further that a request for approval of such repair or alteration be submitted to the city engineer at the first business day following this emergency.

(5) Prior license. Facilities for which permits are issued shall not interfere with or disturb in any way any existing facilities of the city or facilities of any other public or private utility having prior license or permission to install such facilities.

(6) Liability for damage. The permittee shall be liable for any damage to, or disruption of, any existing facilities of either the city or other licensed public or private utility, and in applying for and accepting the permit required in subsection (1) of this section, agrees to waive any applicable statute of limitations for such damage or disruption.

(7) Notices required. The permittee shall cause proper advance notice to be given to the fire department and police department, in reasonably sufficient time, where any street, alley, or other public ways will be closed for construction purposes.

(8) Construction to be done expeditiously. The work shall progress in such manner as to cause such street, alley or public way to be closed the shortest possible period of time.

(9) Location of facilities. The exact location of the proposed facilities shall be determined by consultation with the board of public works or the city engineer, and the permittee shall furnish to the city, upon completion of the work, a map showing the exact location, the size and depth of all subsurface facilities installed.

(10) Backfilling. Any trench or excavation made within any street, alley or other public way shall be backfilled in accordance with regulations prepared by the city engineer and approved by the board of public works. The board may hold a public hearing on the proposed regulations if it deems it necessary, and notice of such hearing shall be given as the board shall determine. Upon approval of the proposed regulations by the council and published, in the same manner as ordinances are approved and published, the regulations shall have the same force and effect as any other provision of this section and any violation thereof shall subject the permittee to the same penalty provided for in section 14-37 of this Code. The regulations may be changed or amended in the same manner.

(11) Restoring surfaces. For the restoration of surfaces, see section 13-33 of this Code.

(12) Application for permit. All requests for permits shall be made in writing to the city engineer and shall include a statement that the permittee agrees to be bound by the provisions of this section if the permit is granted.

(13) Exceptions. No permits shall be required for the installation or replacement of less than three poles, where such poles are or will be adjacent to each other.

(14) Nonliability of city. The permit required by this section is intended to be in the nature of a license for the purposes stated in this section, and nothing contained in this section shall cause the city to become liable or responsible for any damage or injury caused through or because of the installation of any facility hereby permitted, and the permittee shall hold and save the city harmless from any such liability which might be or could arise out of the installation.

(Code 1982, 13.05)