Chapter 12.08


12.08.010    Obstruction permit – When required.

12.08.011    Permit process.

12.08.012    Notice to police and fire departments.

12.08.013    Barrier erection.

12.08.014    Bond requirement.

12.08.015    Inspections.

12.08.016    Deposit and cleanup.

12.08.017    Penalty.

12.08.020    Notice to improve – Compliance required.

12.08.010 Obstruction permit – When required.

A. No person, firm or corporation shall grade, pave, level, alter, construct, repair, remove or excavate any pavement, sidewalk, crosswalk, curb, driveway, gutter, sewer, watermain or any other structure or improvement located over, under or upon street, alley or other public place in the town or fill in, place, construct, leave or deposit over, under or upon any street, alley or other public place any structure, building material, earth, gravel, rock, garbage, debris or any other material or thing tending to obstruct, disturb, or interfere with the free use thereof or cause a dangerous condition thereon, without first obtaining a permit in writing from the public works superintendent to do so, except that such permit shall not be required in the case of emergency work which will be performed by the town.

B. That no underground utility shall be constructed across streets by open cutting of the streets, unless first approved by the public works superintendent. (Ord. 90-27 § 1, 1990; Ord. 54 § 1, 1913).

12.08.011 Permit process.

The permit shall require the person to whom the permit is issued to give the public works superintendent 24 hours’ notice of the commencement of such work; to carry on such work to the satisfaction of and subject to the approval of the public works superintendent; to diligently prosecute the same to completion; to leave the street in a good, clean and safe condition; to at all times keep signal lights or other proper warnings displayed sufficient to give anyone going on the street, alley or public place such warning as may be necessary to prevent injury; and to comply with such additional provisions and conditions as may be prescribed by the public works superintendent. If the acts desired to be done require the disturbing of any improvement on the street, alley or other public place, the permit shall require the permittee to restore such improvement to its original and proper condition, and if the permittee fails to do so, the public works superintendent may cause the necessary restoration to be made at the expense of the permittee. (Ord. 90-27 § 2, 1990).

12.08.012 Notice to police and fire departments.

The public works superintendent shall give written notice to both the chiefs of the fire and police departments immediately upon the issuance of a permit wherein the improved portion of any street commonly used as a thoroughfare is to be obstructed to vehicular traffic, and shall further notify the chiefs of the fire and police departments upon completion of the work. (Ord. 90-27 § 3, 1990).

12.08.013 Barrier erection.

Any person who obstructs or makes dangerous any street, alley or public place shall erect and maintain around said portion of the street, alley or public place a good and sufficient barrier, and shall cause to same to be posted and during the nighttime to show sufficient warning lights to warn of the danger. (Ord. 90-27 § 4, 1990).

12.08.014 Bond requirement.

No permit shall be issued under the provisions of this chapter until the applicant therefor executes and delivers to the town a bond in the sum of $5,000, in a form to be approved by the town attorney, and with a surety approved by the town clerk, conditioned on the faithful performance of the provisions of this chapter. Such bond shall further be conditioned to indemnify and save harmless the town from any and all judgments, costs or expenses arising from the injuries or damages to any person or property on account of such work. Such bond shall further be conditioned that the applicant acting under the permit shall restore the street, alley or public place to its former condition within the time specified by the public works superintendent. Such bond shall be enforced for a period of one year from the date of the completion of the work and be conditioned to cover all permits which may be issued to the applicant during such period. In lieu of a bond, the applicant may pledge cash in a bank account by the use of a form approved by the town attorney. (Ord. 90-27 § 5, 1990).

12.08.015 Inspections.

The public works superintendent, if in his judgment the nature of the work is such as to require inspection on behalf of the town, either during the progress of the same or after the completion thereof, or both, may inspect the same and charge a reasonable sum therefor. (Ord. 90-27 § 6, 1990).

12.08.016 Deposit and cleanup.

No permit shall be issued under the provisions of this chapter in any instance in which the applicant will store, use, mix or process building materials on the paved portion of any street, alley or other public place until the applicant shall deposit with the town clerk the sum of $250.00. No mortar, cement, plaster, asphalt or similar material shall be mixed, used or processed on any paved portion of any street, alley or public place unless such is done in a suitable machine, box or container, and in such a manner that none of the material spills or in any manner comes in contact with the street, alley or other public place or any part thereof is washed into the gutters or sewers. Should the permittee fail to properly clean the street, alley or public place of any and all debris and other materials occasioned by the work done by the permittee, the public works superintendent shall cause such debris or other materials to be removed, and the cost of such removal shall be deducted from the deposit. Should the amount of the deposit be insufficient to meet the cost of restoring the street to a good and clean condition, the applicant’s bond shall be liable therefor. (Ord. 90-27 § 7, 1990).

12.08.017 Penalty.

Any person, firm or corporation violating any provisions of this chapter shall be guilty of a misdemeanor and punished in accordance with EMC 1.12.010. (Ord. 90-27 § 8, 1990).

12.08.020 Notice to improve – Compliance required.

The owner or owners of any tract or parcel of land abutting on any road, street, avenue or alley whose buildings, fences or structures of any kind heretofore erected extend or encroach upon such road, street, avenue or alley that has been dedicated to the public but has not been improved by the town, or that is in use by the public, shall improve the same within 10 days after written notice not do so from the town clerk delivered to the owner or occupant of such land, and failure to remove any such obstruction or encroachment after notice so given shall constitute a misdemeanor on the part of such owner of the person responsible or occupying or maintaining any such encroachment or obstruction. (Ord. 54 § 2, 1913).