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Construction Requirements for Individuals, Contractors, Franchisees and Permits for Use of Public Way
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(1) As used in this section, “work affecting the public way” includes, but is not limited to: installation, construction, maintenance, or removal of any structure, pipe, pole, conduit, culvert, facility, including a communications facility, as defined by section 3.005 of this code, or other wire line utilities in, on, or over a public way; construction, reconstruction, grading, oiling, repair, opening or excavation of a public way for any purpose; but does not include the construction of public improvements performed under a contract executed by the city manager or work performed by city employees under the city manager’s direction.

(2) No person, municipal utility, or operator of a communications system shall do work affecting a public way without first obtaining a permit from the city engineer. A license issued pursuant to section 3.410 of this code shall not constitute authorization to perform work affecting a public way; all such work shall require a permit pursuant to this section.

(3) Work affecting a public way shall be performed in accordance with this code, the standard specifications, drawings and design standards adopted pursuant to section 7.085, administrative rules issued by the city manager pursuant to section 2.019 of this code, sound engineering and design practices and such other reasonable conditions required by the city engineer to protect the public health, safety and welfare, including proof that the contractor performing the work is licensed and bonded for the work being performed.

(4) If an applicant for a permit or the contractor performing the work for the applicant:

(a) Is delinquent in performing the obligations required by sections 7.290 to 7.308 on permits previously issued, the city engineer may refuse to issue a new permit for other work affecting a public way until the delinquency is corrected; and

(b) Has been delinquent in performing the obligations required by sections 7.290 to 7.308 more than two times in the previous 24 months, the city engineer may require a bond or other reasonable security, which may be a cash deposit, be posted with the city against which the city may collect its cost of enforcing this code and the conditions of any permit issued thereunder against the permittee.

(Section 7.290 amended by Ordinance No. 19393, enacted July 28, 1986; Ordinance No. 20056, enacted August 5, 1996, effective September 4, 1996; Ordinance No. 20083, enacted April 28, 1997; Ordinance No. 20390, enacted August 13, 2007, effective September 14, 2007; Ordinance No. 20458, enacted March 8, 2010, effective April 10, 2010.)