Sec. 38-148. - Compliance with article and other applicable ordinances prerequisite to grant.
Sec. 38-150. - Not to be granted if vault interferes with or injures public works.
Sec. 38-151. - Approval of plans and specifications prerequisite to grant of construction permit.
Sec. 38-152. - Abutting owner's agreement prerequisite to grant of construction permit.
Sec. 38-153. - Bond or insurance prerequisite to grant of construction permit.
Sec. 38-154. - To be granted subject to provisions of article.
Sec. 38-155. - Revocation—Grounds.
Sec. 38-156. - Same—Procedure.
Secs. 38-157—38-166. - Reserved.
(a)
It shall be unlawful for any person to construct any vault, without first obtaining a permit so to do from the director of engineering.
(b)
It shall be unlawful for any person to maintain or use any vault constructed after September 13, 1960, without first obtaining a permit for such purpose from the director of engineering.
(Ord. No. 268, §§ 2, 3; Code 1961, §§ 36-63, 36-64; Ord. No. 3111-83, § 1)
Application for a permit for the construction of a vault shall be filed with the director of engineering by the owner of the land fronting on the sidewalk under which the vault is to be constructed. Such application shall state the purposes for which the vault is intended, the nature of all fixtures, machinery and appliances to be installed therein, and such other information as the director of engineering may require. Such application shall be accompanied by plans and specifications showing the dimensions of the vault, the character of the proposed construction, the method of draining the same, the number, size and location of all openings therein from the street, the method proposed for protecting such openings and any other facts that may be required by the director of engineering.
(Ord. No. 268, §§ 5, 8; Code 1961, § 36-67; Ord. No. 3111-83, § 1)
Sec. 38-148. - Compliance with article and other applicable ordinances prerequisite to grant.
No permit required by this division shall be granted until, in the judgment of the director of engineering, all the provisions of this article and other ordinances of the city have been complied with, insofar as they apply to the vault involved.
(Ord. No. 268, § 7; Code 1961, § 36-70; Ord. No. 3111-83, § 1)
No permit required by this division shall be granted when, in the opinion of the director of engineering, the construction, maintenance or use of the vault involved would result in creating a nuisance or a menace to persons or property.
(Ord. No. 268, § 6; Code 1961, § 36-68; Ord. No. 3111-83, § 1)
Sec. 38-150. - Not to be granted if vault interferes with or injures public works.
No permit shall be granted for the construction, maintenance or use of any vault which will interfere with or injure any water main, sewer main, gas main, fire hydrant, catch basin, manhole, underground conduit, police or fire alarm post or any other public works.
(Ord. No. 268, § 13; Code 1961, § 36-69)
Sec. 38-151. - Approval of plans and specifications prerequisite to grant of construction permit.
No permit shall be granted for the construction of a vault until the plans and specifications provided for in section 38-147 have been approved by the codes compliance administrator, as making sufficient provision for the safety of the public and adjoining property, and by the director of engineering.
(Ord. No. 268, §§ 5, 8; Code 1961, § 36-67; Ord. No. 3111-83, § 1)
Sec. 38-152. - Abutting owner's agreement prerequisite to grant of construction permit.
No permit shall be granted for the construction of any vault until the owner of the land abutting on the sidewalk under which such vault is to be constructed has, by means of a writing in the nature of a covenant running with such land and intended to bind all future owners thereof, duly executed and admitted to record, stipulated and agreed that the rights and privileges conferred by such permit shall be at all times subject to all and singular the terms, conditions and restrictions imposed by this article.
(Ord. No. 268, § 12; Code 1961, § 36-71)
Sec. 38-153. - Bond or insurance prerequisite to grant of construction permit.
(a)
No permit shall be granted for the construction of any vault until a bond, with good and sufficient surety approved by the city manager, in the sum of one hundred thousand dollars ($100,000.00) for injury to one (1) person and two hundred thousand dollars ($200,000.00) maximum for injuries arising out of one (1) accident, the form of which bond shall be approved by the city attorney, and the surety on which shall be a surety company authorized to do business in the state, has been filed with the city clerk, or until an insurance indemnity policy in like amounts, the form of which shall be approved by the city attorney, has been filed with the city clerk.
(b)
The bond or insurance policy filed pursuant to this section shall be with condition to indemnify the city against any and all loss, damage, injury, cost or expense that may be incurred by the city by reason of any defect in the vault to be constructed or the covering thereof or the sidewalk over or adjacent thereto, or of the construction, maintenance or use of such vault or any appurtenance or appliance thereof, or any fixture or machinery therein, or in closing such vault or removing any fixture or machinery therefrom, or in doing anything in or about such vault which should have been done by the owner or proprietor thereof, or by the applicant for the permit therefor. Such bond or policy shall be further conditioned that if any person shall be aggrieved by the fault, negligence, omissions or commissions of the owner, proprietor or occupant of the land adjoining such vault, with reference to the use, maintenance or operation thereof, and shall recover judgment against the owner, proprietor or occupant of such land, such person may, after the return unsatisfied, either in whole or in part, of any execution or fieri facias upon any judgment so recovered, maintain an action in such aggrieved person's own name, or in the name of the city for such person's use, upon the bond or insurance policy, in any court having jurisdiction for the amount then remaining due and unsatisfied upon such judgment, execution or fieri facias.
(c)
No bond or insurance policy shall be accepted under this section which is so drawn that the liability thereon is limited to such claim, loss, damage, cost or expense as may arise or be incurred during any specific period of time.
(Ord. No. 268, § 9; Code 1961, § 36-72)
Sec. 38-154. - To be granted subject to provisions of article.
All permits for the construction, maintenance or use of any vault shall be granted subject to the terms, conditions and restrictions of this article.
(Ord. No. 268, § 10; Code 1961, § 36-78)
Sec. 38-155. - Revocation—Grounds.
(a)
A permit for the construction, maintenance or use of a vault may be revoked by the director of engineering whenever it shall be shown that the proprietor of such vault, or the owner of the land abutting thereon, has failed to comply with any provisions of this article or other ordinances of the city in regard to vaults, or any condition of the permit for the same, or that such vault, or any part thereof, is required for any public work or that such vault is in a condition of nuisance or is a menace to persons or property.
(b)
A permit for the construction, maintenance or use of a vault may be revoked by the director of engineering whenever any bond or insurance policy required by section 38-153 shall, in the judgment of the city manager, cease to be in effect, or shall not furnish the necessary protection to the city.
(c)
The director of engineering may revoke any permit for the construction, maintenance or use of any vault whenever the director shall ascertain that the vault is not being or has not been constructed in accordance with plans and specifications approved by him.
(Ord. No. 268, §§ 5, 10, 14; Code 1961, §§ 36-73, 36-82, 36-97; Ord. No. 3111-83, § 1)
Sec. 38-156. - Same—Procedure.
Whenever a permit for the construction, maintenance or use of a vault shall be revoked, notice of such revocation shall be given by the director of engineering, by registered mail addressed to the owner or proprietor of the land abutting on such vault at such owner's or proprietor's last known post office address. Such vault shall be closed within ten (10) days from the date such letter is mailed, and all fixtures, appliances and appurtenances therein or connected therewith shall be removed and the sidewalk over such vault shall be immediately restored to a safe and proper condition by such owner or proprietor and, in default thereof, such work may be done by order of the director of engineering at the risk and expense of such owner or proprietor.
(Ord. No. 268, § 10; Code 1961, § 36-80; Ord. No. 3111-83, § 1)