Sec. 38-34. - Definitions.

For the purpose of this article, the following words and terms shall have the meanings respectively ascribed to them by this section:

Permittee. The word "permittee" shall mean any person to whom a permit is issued pursuant to this article.

Street. The word "street" shall embrace alleys, avenues, boulevards, parks, public rights-of-way and all other public places or easements.

Structure. The word "structure" shall mean any building, pole and appurtenance thereto, fixture, post, wire, guy and tower and cable, vault, culvert, manhole or underground installation.

(Ord. No. 62, § 1; Code 1961, § 36-27)

Sec. 38-35. - Warning signs, lights or barricades.

Whenever any person performs any work which might tend to affect the use of any street, whether or not a permit therefor is required by this article, appropriate warning signs, lights or barricades shall be set forth in such manner as to give effective notice thereof to the public.

(Ord. No. 62, § 25; Code 1961, § 36-54)

Sec. 38-36. - Inspection.

(a)

The director of engineering shall conduct such inspections as may be necessary to assure that work being done and completed under a permit issued pursuant to the provision of this article conforms to such permit. When the permittee reports that such work is completed, the director of engineering shall inspect the work and advise the permittee of the approval or disapproval of such work.

(b)

If, in the opinion of the director of engineering, a permittee is not going forward with the work in a continuing manner and it appears that more than the normal number of inspections will therefore be necessary, the director shall give the permittee notice in writing of this fact. Should additional inspections thereafter result, the director may charge the expense thereof against the letter of credit provided for in Division 3 of this article or, where a bond has been given pursuant to section 38-69, appropriate proceedings may be carried out to recover the cost thereof.

(Ord. No. 62, § 11; Code 1961, §§ 36-41, 36-42; Ord. No. 3111-83, § 1; Ord. No. 3223-84)

Sec. 38-37. - Notice and correction of defects.

(a)

If work done or being done pursuant to a permit issued under the provisions of this article has not been done or is not being done in accordance with the permit or a street is not left in satisfactory condition, notice of such defect shall be given to the permittee in question. Such permittee shall be required to respond and correct the same according to the following schedule:

(1)

Immediately, when a hazard exists, posing danger to the health and safety of the public.

(2)

Within forty-eight (48) hours if condition (1) does not apply and the conditions exist within the pavement of a primary roadway.

(3)

Within seventy-two (72) hours if condition (1) or (2) does not apply and the condition exists within the pavement of any other roadway.

(4)

Within fourteen (14) calendar days if condition (1), (2) or (3) does not apply.

(b)

Upon receipt of a notice given under this section, should the permittee in question refuse or fail to correct the condition referred to in such notice within the specified time, the director of engineering may cancel the permit in question and/or cause the necessary work to be done, deducting the cost thereof from the bond or letter of credit; provided that, where a bond has been given pursuant to section 38-69, appropriate proceedings shall be carried out to recover the cost thereof. Where a bond or letter of credit is not required by this article, the cost of correcting any defective work shall be recovered through legal means.

(Ord. No. 62, § 11; Code 1961, §§ 36-43, 36-44; Ord. No. 3111-83, § 1; Ord. No. 3223-84)

Sec. 38-38. - Location of mail and newspaper boxes in street.

Mail and newspaper boxes may be placed in the streets without obtaining a permit under the provisions of this article. All such boxes shall be so located as not to interfere with or endanger public travel or maintenance on the streets. Any such box so located as to interfere with or endanger public travel or maintenance on the streets shall be moved to an approved location, upon reasonable notice from the director of engineering. Failure to remove such boxes after such notice has been given shall constitute a misdemeanor.

(Ord. No. 62, § 18; Code 1961, § 36-50; Ord. No. 3111-83, § 1)

Sec. 38-39. - Illumination of business place from across highway.

Illumination or floodlighting of a business place from light structures across a highway from the business place shall be unlawful and no permit shall be issued under the provisions of this article for this purpose.

(Ord. No. 62, § 19; Code 1961, § 36-51)

Sec. 38-40. - Access driveways and ramps; curb and gutter work.

(a)

Vehicle access from the public street pavement to private or public property may be allowed only over an approved driveway or ramp constructed under the conditions described in this section.

(b)

No person shall install any curb and gutter or lower the curb on any street, or create, repair or modify any driveway or ramp, either temporary or permanent, within the right-of-way lines of the city, without first obtaining a permit therefor from the director of public works under the provisions of this article. All such curb and gutter, driveways or ramps shall be constructed and curbs lowered according to plans approved by the director of public works and under the supervision of the director of public works and subject to such conditions as the director may prescribe as to materials used and manner of construction. All driveways or ramps shall be fully constructed according to city standards over their entire width between the edge of the pavement of the street and the property line of the property to be served by such driveway or ramp. All driveway or ramp construction, reconstruction, replacement and repairs, where necessary, shall be done at the expense of the owner of the property being served by such driveway and it shall be such owner's responsibility at all times to keep the driveway or ramp and the sidewalk crossed by such driveway or ramp in good repair at such owner's own expense.

(c)

When and if the use of any driveway or ramp is discontinued, the owner of the abutting property shall obtain a permit to remove the same and shall, at such owner's own expense, restore the area from the edge of the pavement to the property line in accordance with the established street and sidewalk pattern.

(Ord. No. 268, § 25; Code 1961, § 36-7)

Sec. 38-41. - Restoration of street surface when permit not required for disturbance thereof.

Whenever any person disrupts or disturbs the paved or improved surface of any street used primarily for public travel and a permit therefor is not required by this article, such person shall notify the director of engineering when the paved or improved surface should be restored. The city may restore the paved or improved section and shall render to such person a statement of its costs. Such person shall reimburse the city for its costs in such restoration.

(Ord. No. 62, § 23; Code 1961, § 36-35; Ord. No. 3111-83, § 1)

Sec. 38-42. - Installation of underground wiring, piping and equipment.

It shall be unlawful for any person to install underground wiring, piping and/or equipment, including but not limited to electrical wiring, cablevision wiring, and water and sewer piping within the city right-of-way, unless such wiring, piping and/or equipment is installed at a depth of not less than eighteen (18) inches below the top of the curb or the finished grade, whichever is lower. Where it is necessary to install such wiring, piping and/or equipment at depths of less than eighteen (18) inches, such may be placed at the reduced depth upon written approval of the director of engineering.

(Ord. No. 3085-83; Ord. No. 3111-83, § 1)

Secs. 38-43—38-46. - Reserved.