Chapter 12.20 PERMIT TO USE PUBLIC PLACES

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Adjacent property” means and includes the property abutting the margin of a public place contiguous and with reference to such public place.

“Areaway” means and includes a sunken space, either covered or uncovered, or a court affording room, access or light to a building.

“Betterment” means that improvement to the capacity or quality of a utility distribution system beyond that required to maintain the level of service existing before the relocation, except for an improvement required by federal, state or borough code change or an improvement required to resolve a location conflict.

“Borough contractor” means any person or general contractor awarded a contract to perform certain work for the borough. The contractor shall comply with all provisions of KGBC 12.20.040 through 12.20.090 except in cases where contract documents specifically require approved progress schedules and a complete coverage performance bond. In such cases the contractor shall be regulated by contract documents and KGBC 12.20.040 through 12.20.090 shall be waived.

“Business property” means and includes all properties not included in the definition of the term “residential property.”

“Construction” or a derivation of “construction” means construction, reconstruction, alteration, improvement or repair, but not maintenance.

“Director” and “director of public works” means the borough manager or his/her designated public works director, their authorized representative, or the engineer in charge of contract work being administered by the department of public works.

“Driveway” means and includes that portion of a public place which provides access to an off-street vehicular facility through a depression in the constructed curb or, when there is no constructed curb, that area which affords vehicular access to or from a public place.

“Emergency” is an event demanding immediate attention.

“Encroachment” is as defined in KGBC 12.25.010.

“Facility” means a structure or other tangible thing, including those things that move, transport, store, transmit, boost, conduct or provide access to the service or product a utility may provide to its customers. “Facility” does not include vehicles licensed for operation on public roadways such as electric company, telephone company, water or sewer or garbage trucks or other motor vehicles.

“Improved public place” means any public place which contains overhead or underground utilities or a driving or walking surface.

“Improvement” means any building, structure, bridge, work of art, area, parking facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property, or any part of such addition.

“Landscaping” means modification of terrain and/or planting of trees, shrubs, ground cover, grass, or use of decorative rock, bark, or similar materials for aesthetic or functional purposes.

“Maintenance” means the preservation of the public place and its facilities as nearly as possible in its original condition as constructed or improved (e.g., repairing damaged roadways and removal of snow and trimming of encroaching vegetation or other obstructions).

“Permanent” means, when applied to a facility or use, that it is of a nature which is reasonably expected to have a substantial useful life and is in the nature of a fixture.

“Permittee” means any person granted a permit.

“Public place” means and includes streets, alleys, sidewalks, planting strips, bicycle paths, easements and rights-of-way reserved, granted or dedicated for the use of the public and owned or held by the borough, and the space above or beneath the surface of such places, except parks. For purposes of this title, “public place” shall not include telecommunications, electrical, gas, telephone or other easements granting rights only to utilities.

“Residential property” means and includes any property designated in the zoning ordinance of the borough as residential property (e.g., rural residential, suburban residential, low density residential, and high density residential).

“Roadway prism” means the top surface to one (1) foot outside of the limits of the traveled way, shoulder, curbs and gutter, attached sidewalk, and the supporting subsurface structure, the limits of which are defined by a surface sloping down and away from one (1) foot outside both sides of the surface at a ratio of one (1) foot vertical to one and one-half (1-1/2) foot horizontal.

“Street” means any public highway, street, roadway, alley, sidewalk, curb and gutter or other public thoroughfare; any easement or right-of-way for a public street, alley or other thoroughfare; or any other area dedicated to or held by the borough for alley or other public thoroughfare purposes.

“Temporary” means, when applied to a facility or use, that it is solely related to storage, staging or construction which is incidental to a project not located at a public place and which is otherwise not permanent.

“Use” means and includes to construct, store, erect or maintain in, upon, over or under any public place any areaway, marquee, awning, clock, sign, billboard, sidewalk elevator or door, fuel opening, staging, swinging scaffold, elevator or other structure or material, machinery or tools used or to be used in connection with the erection, alteration, repair or painting of any building; connection of a driveway to a roadway; or to move any building along or across any public place; or to use or occupy any public place for the storage or placement of any material, equipment or thing; or to operate any cleated or tracked vehicle in any public place; or to allow any vehicle to be in or upon any public place other than that portion used as a roadway; or to remove, injure or destroy any tree, flower, plant or shrub in any public place except for routine trimming or removal of overhanging brush adjacent to the traveled way without the use of chemical defoliants; or to deposit or permit the deposit of any liquids which cause a noxious effluvia upon a public place; or to kindle, make or have any fire on any public place; or to open, excavate or in any manner disturb or break the surface or foundation of any permanent pavement, or to alter the established grade of any street, or to disturb the surface of, dig up, cut, excavate or fill in any public place; or to construct, reconstruct, maintain or remove any sidewalk or crosswalk, pavement, sewers, water mains, grading, street lighting, electric or telephone facility, gas or petroleum line or appurtenances thereto, except when permitted by ordinance; or to do any work in, or erect any structure under, along or over any public place.

“Utility” means every corporation, company, individual or association of individuals as defined by AS 42.05.990(4) that owns, operates, manages or controls any plant, pipeline or system for furnishing electrical service, telecommunication service, telephone service, cable television service, natural or manufactured gas service, water service, sewer service, or similar service to the public for compensation. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.010.]

12.20.020 Construction standards.

The director of public works may establish standards and specifications for constructions of roads, sidewalks, curbs, gutters, ditches, culverts and any other improvements to public places. Such standards shall be set out in writing and shall be placed on file with the borough clerk. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.015.]

12.20.030 Permit required – Roads, permits and exemptions.

It is unlawful for anyone to use any public place as defined in KGBC 12.20.010, including but not limited to initial construction, reconstruction or alteration of a roadway, without first having applied for and obtained a permit to engage in such use and paying the permit fee if one is prescribed in this title; provided, however, no permit is required for routine maintenance, clearing of snow and ice, or parking of movable vehicles which do not obstruct the roadway. No contractor’s license shall be required of a certificated utility doing its own work. Fines for failure to have a permit under this subsection may be assessed according to the schedule provided in KGBC 1.25.050. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.020.]

12.20.040 Contents of permit application.

Applications for permits provided for in this chapter shall be filed with the director of public works, upon a borough-provided form. Such applications shall contain:

(a) Description of the public place or portion thereof desired to be used as specified in this chapter providing the approximate square footage and location.

(b) The use desired to be made of such public place by the applicant.

(c) The plans, specifications, descriptions of work, limits of work, methods to be employed, and other pertinent data as applicable to provide the director of public works with all information necessary to evaluate and approve the design, location and other aspects of the proposed installation.

(d) The location of all other aerial, surficial or underground facilities, which shall be shown on the plans in relation to the proposed alignment.

(e) Any deposit required by KGBC 12.20.060 and the applicable basic fee described in KGBC 12.20.110. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.030.]

12.20.050 Processing of permit application – Time limit for commencing and completing work.

Permits shall be obtained at least two (2) working days before the work is commenced or resumed and shall not be transferred or assigned except as covered herein. The director of public works shall examine each application to determine if it complies with the provisions of this title, if the proposed use of such public place will not unduly interfere with the rights of the public, and may inspect the premises which are desired to be used in order to ascertain any facts which may aid in determining whether a permit shall be granted. The director of public works shall then issue a permit, upon the applicant’s compliance as specified in this chapter with the provisions of this title relative to indemnity. The permit shall also provide a time limit within which the work shall be completed, and work shall commence within ten (10) days after the application is approved unless a different start date is identified in the application. Unless an extension of time is granted by the director of public works, the permit shall be void if the work is not commenced and completed within the dates specified. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.040.]

12.20.060 Bond or indemnity deposit – Generally.

(a) If the director of public works determines that the cost of the work is estimated to exceed twenty-five thousand dollars ($25,000) and there is a possibility of injury, damage or expense to the borough arising from an applicant’s proposed use of any public place, the applicant for a permit under this chapter shall furnish to the borough a surety bond, cash or certified check, payable to the borough, to be in an amount of not less than five hundred dollars ($500.00). The surety bond amount shall be determined by the director of public works at the time of approving the application, and shall be used to pay the cost of remediating any damage including, where applicable, restoring the street and removing any earth or other debris from the street, replacement of any utility interrupted or damaged, completion of any work left unfinished for which the borough has the power to conduct, and any other expense the borough may sustain in conjunction with the permitted work. In the case of a cash indemnity deposit, the balance, if any, after the deductions listed in this subsection, shall be returned to the applicant. If the deposit is insufficient, or if no deposit was required, the applicant will be liable for the deficiency regardless of whether the estimated cost of the work was less than twenty-five thousand dollars ($25,000).

(b) If a surety bond is filed, the bond shall assume all the requirements provided in subsection (a) of this section in relation to a cash indemnity deposit, shall run for the full period of the permit, and shall be conditioned that such applicant shall faithfully comply with all the terms of the permit and all the provisions of this title, and all other ordinances of the borough, and indemnify and save the borough free and harmless from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any person by reason of the use of any public place, as provided for in the application. The bond shall be approved as to form by the finance director.

(c) The borough reserves the right to determine the circumstances and length of duration of a bond, cash or certified assurance required to cover possible damage and repairs which may result from the permittee’s construction. If the application shall be to construct, reconstruct, repair, maintain or remove any sidewalk, pavement, grading or underground installations of any kind, or any other work which may affect the integrity of the street or other public place, the applicant shall file a surety bond approved as to form by the finance director, which bond shall run for the full period of the permit plus one (1) year after the acceptance of the permitted work by the director of public works. The amount of the bond shall be in an amount fixed by the director of public works and conditioned that the applicant shall faithfully complete all portions of the work according to the standard construction specifications and standard details of the borough, and the special plans and other data approved or specified by the director of public works.

(d) If a permit applicant or their contractor who will perform the work owes a deficiency under subsection (a) of this section, the director of public works may either deny the permit request or require security for the deficiency prior to issuance of a permit regardless of the expected cost of the proposed new work.

(e) The director shall place a cash deposit in an interest-bearing account so that interest shall accrue within twenty-four (24) hours following such placement. All accrued interest shall be credited to the permittee’s account. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.050.]

12.20.070 Bond or indemnity deposit – Multiple permits.

(a) Where it is probable that more than one (1) permit will be desired, or that an applicant shall be periodically using public places and the work is expected to exceed twenty-five thousand dollars ($25,000), the applicant may post of their own volition or the director of public works may require the applicant to post a surety bond of sufficient amount to cover the accumulated cost or risk involved at any certain time in a calendar year for a number of permits outstanding as determined by the director of public works, the bond to be in force during the period of all outstanding permits, but in no case for less than one (1) year. The bond shall be approved as to form by the finance director, and conditioned to assume all of the requirements provided in KGBC 12.20.060 in relation to a cash indemnity deposit.

(b) However, if at any time any applicant applies for a permit to use a public place, and in the opinion of the director of public works the work or risk involved in the application shall, together with other permits outstanding in the name of the applicant, exceed the amount of the then presently posted surety bond, the applicant may be required to post an additional or separate surety bond to cover the additional risk or work involved prior to the issuance of any new permits. The bond shall remain in force during the period of all outstanding permits, but in no case for less than one (1) year.

(c) In addition, the director of public works may require any permittee to post a surety bond in the calendar year following the period of a permit when the extent of possible damage to a public place has not been completely determined. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.060.]

12.20.080 Bond or indemnity deposit – Exemptions.

(a) No deposit shall be required under this chapter of any public utility, public corporation or political subdivision which is authorized by law to establish or maintain any works or facilities in, under or over any public street, alley or right-of-way.

(b) Public entities described in subsection (a) of this section shall nevertheless furnish a certified statement assuring the borough that any and all costs for repair of damage to the street or public place or installations within it shall be at the liability of the permittee when it has been determined by the director of public works that there is a reasonable basis to require such protection.

(c) No bond or certified statement will be required of the various borough departments or divisions or of a borough contractor where the contract documents specifically require approved progress schedules and a complete coverage performance bond. This provision, however, shall not relieve any person of the responsibility of obtaining the permit.

(d) The director of public works shall have the sole authority to waive the requirements for bonding or certified assurances.

(e) All permittees except the department of public works must pay permit fees required by law or regulation before commencing work for which a permit is required under this title. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.070.]

12.20.090 Indemnification of borough required.

The permittee under this chapter shall be responsible for all claims and liabilities arising out of work performed or arising out of failure to perform their obligations with respect to street or other maintenance incidental to the permitted work. The permittee shall agree forever to indemnify, defend, save and hold harmless the borough, and its officers and employees, from and against any and all lawsuits, claims or actions brought by any person for or on account of damage to property, or injury, disease, illness or death of persons, including all costs and expenses incident thereto, arising wholly or in part from or in connection with the existence of construction, alteration, maintenance, repair, renewal, reconstruction, operation, use or removal of the work performed or in consequence of failure to perform their obligations with respect to street and other incidental maintenance, which do not arise from the sole negligence of the borough. The permittee shall secure insurance in an amount determined by the finance director to be adequate to secure performance required by this section. All such policies of insurance shall include the borough as an additional insured. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.080.]

12.20.100 Revocation of permit – Removal of structures – Unauthorized locations.

(a) All permits granted under the provisions of this chapter for the use of any public place shall be wholly of a temporary nature, shall vest no permanent right, and shall be issued and may in any case be revoked by the director of public works upon thirty (30) days’ notice, or without notice in case any such use, occupation or work being performed under a permit shall become dangerous or any structure or obstruction permitted shall become insecure or unsafe, or shall not be constructed, located, maintained or used in accordance with the provisions of this chapter or any other ordinance.

(b) If any such structure or obstruction, or use or occupancy, is not discontinued on notice to do so by the director of public works, the borough may forthwith remove such structure or obstruction from such place, or make such repairs upon such structure or obstruction as may be necessary to render the structure or obstruction secure and safe, at the expense of the grantee of the permit or their successor, and such expense may be collected in the manner provided by law.

(c) It is unlawful for any person to make, or cause or permit to be made, any excavation, or to install or maintain, or to cause or permit to be installed or maintained, any tank, pipe, conduit, duct, tunnel or other structure or facility on or under the surface of any street, alley, sidewalk or other public place at any location other than that described in the permit or shown on the plans approved by the director of public works as provided in this chapter. Any error by the permittee or their contractor in construction and placement of any or all of a facility authorized by a permit which the director of public works orders changed, adjusted or relocated shall be accomplished by the permittee upon written notice from the director of public works, at the sole expense of the permittee. If the permittee fails to accomplish such change within ten (10) days following issuance of the notice, the director of public works may proceed to make such change and collect expenses as provided in this chapter. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.090.]

12.20.110 Fees.

(a) An application for a permit under this title shall be accompanied by payment of a five dollar ($5.00) permit application fee. If the application seeks a temporary use permit for a special event or a permanent encroachment permit under Chapter 12.25 KGBC, the finance director shall determine the fair market value of the property interest used and shall determine the appropriate rental rate.

(b) Blanket Utility Permits. The annual fee for a utility company operating in a public place outside of the road prism under a blanket utility permit pursuant to Chapter 12.30 KGBC shall be one hundred dollars ($100.00).

(c) Use of a Public Place Without a Permit. Contractors and other persons, including public utilities, may be assessed a fine under KGBC 1.25.050 for any work done by them in a public place without the appropriate permit.

(d) Work Not in Conformance with a Permit. A fine may be assessed under KGBC 1.25.050 for work not in conformance with a permit. For work not brought into conformance with a valid permit after notice to the permittee by the borough of such nonconformance, the permittee may be assessed an additional fine according to the schedule in KGBC 1.25.050. Nonemergency notices shall be in writing and shall give ten (10) days to cure the violation before the additional fine may accrue. If an emergency situation exists, as determined in the sole discretion of the director of public works or their designee, notice may be verbally given and may require immediate cure of the violation.

(e) Work in Violation of a Notice to Stop Work. Anyone issued a notice to stop work who fails to stop work or resumes work without permission from the borough or removes, mutilates, destroys or conceals the notice may be assessed a fine according to the schedule in KGBC 1.25.050. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.100.]

12.20.120 Overhead charges for reimbursable borough services.

All charges for reimbursable borough services as provided in KGBC 12.20.100 or elsewhere will include overhead charges on materials, labor or other costs as set forth in a schedule set by the borough finance director and kept on file with the borough clerk. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.110.]

12.20.130 Issuance of permit.

(a) Upon approval by the director of public works of an application for the use or occupation of a public place, providing proof of insurance as required in KGBC 12.20.090, and upon posting of such bond, indemnity deposit or certified statement by the permittee as may be required under KGBC 12.20.060, the director of public works shall issue a permit therefor. The director of public works may attach to and make a part of the permit any special provisions and stipulations that are deemed necessary to protect the public place or its appurtenances, other existing or approved installations, and the general public, or may specify methods, sequences of construction and materials and other pertinent items, or may require that the applicant enter into an agreement with the borough which shall contain such provisions and stipulations that are deemed necessary.

(b) The original permit shall remain in the custody of the director of public works and a copy shall be given to the permittee. Additional copies may be made for use by such other departments of the borough as have need of them.

(c) The permittee shall post a copy of the permit in a conspicuous location at the place to which the permit pertains before any work there is started and shall remove the permit only after the director of public works has accepted the work as being performed in compliance with the permit.

(d) Any dispute regarding a permit issued under this title shall be resolved by the director of public works. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.120.]

12.20.140 Deferment of permit action – Control of work.

The director of public works may, in his reasonable discretion, defer the action of the permit provided for in this chapter until such time as he deems proper in all cases where the public place on which the work is desired to be done is occupied or about to be occupied in any work by the borough, or by some other person having a right to use the place in such manner as to render it seriously inconvenient to the public to permit any further obstruction thereof at such time, and may, in granting such permit, so regulate the manner of doing such work as shall cause least inconvenience to the public in the use of such public place, and in all cases any work of the borough or its contractors or employees shall have precedence over all work of every kind. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.130.]

12.20.150 Notification of commencement of work.

At least two (2) working days before the work is commenced or resumed, the permittee shall give notice of the time of commencement of the work to the director of public works. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.140.]

12.20.160 Notification of borough departments prior to work interfering with use of streets.

The borough planning department and relevant fire departments shall be notified, by written notification at least seventy-two (72) hours before work is commenced, of any street closures, parking restrictions, rerouting of traffic or other restrictions which may interfere with the normal use of the street. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.150.]

12.20.170 Delay in completing work.

(a) After work subject to this chapter has been started, the work shall be diligently and continuously prosecuted by the permittee until completed.

(b) If, after the work has been started, the permittee delays beyond the period stated in the permit for completion of the work, the director of public works shall have the authority upon written notice to the permittee to complete the work or any portion thereof. The actual cost of such work performed by the borough, plus overhead charges as provided in KGBC 12.20.120, shall be paid by the permittee or withheld from the deposit posted by them. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.160.]

12.20.180 Conduct of work.

All work subject to this chapter shall be performed in a neat and workmanlike manner and so programmed as to cause the minimum of interference with traffic and inconvenience to the public. Detours shall be planned and coordinated with the director of public works, as necessary, to allow for a smooth flow of traffic at all times. Access shall be provided to all mailboxes, fire hydrants, water gate valves, manholes and other public service structures and property as may be required for emergency use. Public service structures or property shall not be removed or relocated without proper coordination with the properly constituted authorities charged with their control and maintenance. The working area shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways and walks for vehicles and pedestrians shall be constructed where required, and progress or work schedules shall be so arranged as to provide an access to all lots from either the street or alley where such double access exists. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.170.]

12.20.190 Occupation of public places.

(a) During the period of the permit issued under this chapter the permittee will be permitted to occupy such portions of streets, alleys and other public places as allowed by the ordinances of the borough and as shown on the plans, or as permitted by the director of public works.

(b) A reasonable amount of tools, materials and equipment for construction purposes may be stored in such space, but not more than is necessary to avoid delays in the construction. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed, nor inconvenience occupants of adjoining property. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.180.]

12.20.200 Repair of damage to street.

Upon notice from the director of public works, immediate repairs shall be made of any injury or damage in any portion of the street which occurs as a result of the work done, including any and all damage to the street which would not have occurred had such work not been done, and which, in the opinion of the director of public works, constitutes a public hazard. If such repairs are not made within twenty-four (24) hours after notice, the director of public works is authorized to make such repairs and charge all costs plus overhead as provided in KGBC 12.20.120. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.190.]

12.20.210 Notification of completion of work.

Notice of completion shall be filed by a permittee under this chapter with the director of public works within ten (10) days after completion of the work. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.200.]

12.20.220 Inspection of work – As-built information.

All work done by a permittee under this chapter may be inspected and approved by the director of public works, or designee, and all as-built information required by the director of public works shall be furnished to the director of public works. As-built information furnished will be obtained by means of industry standard survey techniques, as may be modified by the director of public works. For utilities, location maps shall be modified to include the as-built information. The updated location maps shall be provided to the director of public works at least annually. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.210.]

12.20.230 Responsibilities of permittee and owner after completion of work.

The provisions of this chapter shall not relieve the permittee of the obligations imposed by other sections of the KGB Code. After installation is completed, any facility installed under the provisions of this chapter shall be the responsibility of the owner or adjacent property owner, as applicable, for all maintenance, repairs, damages, replacement or removal; provided, that such facilities may not be serviced, repaired or replaced without first obtaining a written permit from the director of public works as provided in this chapter. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.220.]

12.20.240 Right to maintain pipes and conduits or make emergency excavations.

Nothing in this chapter shall be construed to prevent any person from maintaining any pipe or conduit in any public street, alley or public place by virtue of any law, ordinance or permit, subject to all provisions of this title, or from making such excavations as may be necessary for the preservation of life or property when such necessity arises; provided, however, that they shall assume all cost and liability in connection with the work. When an emergency excavation has been commenced, the person making such excavation shall secure a permit therefor on the next working day. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.230.]

12.20.250 Report of emergency situations and protection of public safety.

In emergency situations where facilities block, obstruct or have damaged the highway or appurtenances or have created a danger or hazard to the traveling public, they shall be reported by the permittee by the most expeditious means of communication, as soon as reasonably possible to do so, to the director of public works and the Alaska State Troopers, as to the location, type and extent of the emergency, and the permittee shall take such measures as are required to protect the health and safety of the traveling public during such emergency operations. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.240.]

12.20.260 Right of borough to use occupied area in emergency situations.

If at any time during the performance of any work an emergency should arise, the borough shall have the right to use all or any part of the area occupied by the permittee under the permit. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.250.]

12.20.270 Assignment and transfer of permit.

A permittee under this chapter shall not assign or transfer any of the rights of their permit to another individual or company without first notifying and securing the approval of the director of public works. The permittee shall not allow another person or company to share its permitted facilities unless the other person or company has first obtained a permit, except as provided in KGBC 12.20.030. When a permittee sells, combines, merges or otherwise changes identity, it shall be the responsibility of the new owner or permittee to inform the director of public works in writing within thirty (30) days of the circumstances and furnish names and addresses of responsible officials. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.260.]

12.20.280 Waivers.

The waiver of any breach of any of the terms or conditions of a permit under this chapter shall be limited to the act constituting such breach of the specific permit only, and shall never be construed as being continuing or a permanent waiver of any such term or condition, all of which shall be and remain in full force and effect as to the future acts or happenings, notwithstanding any such individual waiver of any breach thereof. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.270.]

12.20.290 Removing or disturbing survey markers.

Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property, subdivision or a precise survey reference point within the borough shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the director of public works. Permission shall be granted upon the condition that the person applying therefor shall cause to be replaced, at their expense, by the director of public works, the monument so removed or disturbed. A borough contractor shall not be held responsible for monuments not shown on the construction plans if the plans are prepared by the department of public works. It is the responsibility of all other contractors and permittees to determine the location of all monuments prior to commencing work. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.10.280.]