§ 38-50. Issuance and term generally.  


Latest version.
  • (a)

    Any person, company or corporation required to obtain a permit by section 38-47 shall make application therefor to the director of engineering on a form prescribed by him, which form shall state the type, amount and dimensions of the work to be performed; the place where such work is to be performed; the purpose of such work; the time at which the work is to be commenced; and the time at which the work is to be completed. Upon the filing of an application for a permit under this article, it shall be the duty of the director of engineering to ascertain that all work to be done pursuant to the permit otherwise complies in all respects with prevailing planning practices, zoning regulations, appropriate construction standards and with the provisions of this Code and other ordinances of the city and the resolutions, policies and regulations of the city before issuing the permit. Additionally, no construction sign shall be erected and no material shall be placed in such a manner as to result in a traffic hazard or otherwise impede the normal use of the right-of-way, if any, such as walkways, bike paths, drainage ditches, etc. The director of engineering shall issue a permit when such compliance is apparent or can be assured by the terms of the permit and when all applicable requirements for obtaining the permit have been met.

    (b)

    The director of engineering may prescribe a limit for the duration of such permit and may extend the same, so long as the time limitation of extension is based upon reasonable standards prevailing in the industry at the time, taking into consideration weather, availability of material and labor, as well as the applicant's own estimation of the time period needed to complete the project. In no event shall the permit exceed one (1) year, though the permit may be extended for good cause shown. The director of engineering may establish a limited period of work during the term of the permit.

    (c)

    A permit as issued under this article may be revoked at any time during the period it covers by the director of engineering for failure of the permittee to comply with the provisions of this article or the conditions and agreements of his application by giving written notice to the permittee at his address of record. For failure to rectify such default after revocation, the former permittee shall be held to be in violation of this article for each and every day such default shall continue and each violation shall be considered a Class 4 misdemeanor, and the director of engineering may in his discretion cause such work to be performed as is necessary to rectify such default, and the costs or expenses thereof shall be chargeable to and paid by the former permittee.

    (Ord. No. 62, §§ 3, 6, 11; Code 1961, §§ 36-33, 36-39; Ord. No. 3051-83; Ord. No. 3111-83, § 1; Ord. No. 3223-84; Ord. No. 7271-16, § 1)

(Ord. No. 62, §§ 3, 6, 11; Code 1961, §§ 36-33, 36-39; Ord. No. 3051-83; Ord. No. 3111-83, § 1; Ord. No. 3223-84; Ord. No. 7271-16, § 1)