§ 10.01.010. Alteration of street improvements.  


Latest version.
  • (a)

    It is unlawful for any person, firm, corporation or local entity other than the Town to construct, reconstruct, repair, alter, remove or grade any sidewalk, curb-walk, curb-cut, gutter, driveway or street on the public streets of the Town, except when:

    (1)

    Such construction, reconstruction, repair, alteration, removal or grading is authorized by an official permit issued by the Department of Engineering;

    (2)

    Such construction, reconstruction, repair, alteration, removal or grading is performed in compliance with the provisions and conditions of such official permit and the applicable provisions of the street specifications adopted by the Town; and

    (3)

    Such construction, reconstruction, repair, alteration, removal or grading passes an inspection by the Department of Engineering or a designated official relative to compliance with the permit and street specifications adopted by the Town.

    (b)

    An application for a permit under this Chapter shall file with the Department of Engineering an application showing and providing:

    (1)

    Name and address of the owner or agent in charge of the property abutting the proposed work area;

    (2)

    Name and address of the party performing the work;

    (3)

    Location of the work area;

    (4)

    Attached plans showing details of the proposed alteration;

    (5)

    Estimated cost of the alteration;

    (6)

    Such other information as the Department of Engineering finds reasonably necessary to the determination of whether a permit should be issued under this Chapter; and

    (7)

    A reasonable inspection fee as established by the Department of Engineering or its designed official.

    (c)

    Any person, firm, corporation or local entity required to obtain a permit under this Section shall be responsible for the repair and maintenance of the work performed by it pursuant to the permit for a period of one (1) year commencing from the date of completion of the work. Should the holder of the permit fail to perform any such repair or maintenance, or fail to complete the work, the Town may perform the necessary repair or maintenance or complete the work; in which case the holder of the permit shall be responsible financially for the actual cost thereof, including five percent (5%) for inspection, a minimum fee of fifty dollars ($50.00) and other incidental costs in connection therewith, and for all costs incurred by the Town in collecting such costs, including attorney fees and court costs. In the alternative, the Town may proceed against any bond required by Subsection (d) below.

    (d)

    The following bonds shall accompany an application for a permit hereunder:

    (1)

    In cases where the estimated cost of the project exceeds five thousand dollars ($5,000.00), the Department of Engineering shall require a maintenance and construction bond to be filed with the application for a permit hereunder in an amount equal to one-half (½) of the estimated cost of the project, and conditioned that such work shall be performed and completed in compliance with the provisions and conditions of the permit and the applicable provisions of the Town street specifications, and that the work performed will be repaired and maintained for a period of one (1) year commencing from the date of completion of the work.

    (2)

    The Department of Engineering shall have the authority to require an applicant hereunder to file a bond conditioned to protect and save harmless the Town from all claims for damages or injury to other persons by reason of the work performed.

    (3)

    Agencies of the Town will be exempt from posting any bond.

    (e)

    All operations for which a permit is granted hereunder shall be under the direction and supervision of the Department of Engineering.

    (f)

    It is unlawful for any person, firm or corporation to install, construct or affix in or upon any gutter in the Town any structure, fixture or appliance which impedes, obstructs or prevents the flow of storm drainage through such gutter, without first obtaining the written authorization of the Department of Engineering.

    (g)

    Violations of the provisions of this Section shall be punishable by a fine of not more than four hundred ninety-nine dollars ($499.00).

(Ord. 1.467 §11, 2015; Ord. 5.32.1 §§1, 2, 1993; Ord. 5.30.1 §18, 1993; Ord. 5.32 §1, 1990)