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(1) Unless otherwise permitted in section 7.305, application for a permit to perform work affecting a public way shall be made to the city engineer on forms provided by the city engineer. The city engineer may waive the requirement to complete the application form and pay the permit fees and restoration deposit when the amount of work to be done in the public way does not warrant the cost of processing the application.

(2) No permit which authorizes the cutting of street surfaces shall be issued for installation of any utility or facility for a period of five years from the time the street is constructed or resurfaced, unless otherwise approved by the city engineer pursuant to rules adopted under section 2.019 and section 7.302(6) of this code.

(3) If the city engineer determines that it is proper that the proposed work be done, the application shall be approved. After approval, and upon receipt of the required fee, deposit, and proof of license and bond required by section 7.290(3), the city engineer shall issue a revocable permit.

(4) The city engineer may deny a permit for work affecting a public way if the applicant has failed to comply with permit conditions or with provisions of this chapter or applicable administrative rules on two or more occasions in the previous 24 months, or if the city engineer determines that the work is incompatible with other uses of the public way.

(5) If the city engineer denies a permit, or revokes a permit because of a failure to comply with the provisions of this chapter or because another public purpose is to be accomplished which is inconsistent with the permittee’s use of the public way, the applicant or permittee shall have the right of appeal to the city manager as provided in section 2.021 of this code.

(6) Permits issued pursuant to this section do not authorize vehicle parking in the public way. If the proposed construction necessitates parking vehicles in the public way, the applicant must make an application for a parking space rental permit in accordance with and subject to section 5.350.

(Section 7.295 amended by Ordinance No. 19393, enacted July 28, 1986; Ordinance No. 19488, enacted June 22, 1987; Ordinance No. 19969, enacted July 21, 1994; Ordinance No. 20083, enacted April 28, 1997; administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998; and amended by Ordinance No. 20236, enacted November 26, 2001, effective December 26, 2001.)