§ 12.06.080. Street excavation permit obtained; alignment and grade approval from city engineer; service costs.

(a)

It shall be unlawful for any person to construct or reconstruct a sidewalk, curbing, gutter or any other street improvement whatsoever within the public right-of-way without first making application for a street excavation permit and gaining approval from the city engineer. Any person violating any of the provisions of this section:

(1)

Upon conviction, shall be guilty of a misdemeanor and punished as provided in section 1.04.010; or

(2)

Shall be subject to provisions of Chapter 1.05 of the Code.

(b)

Responsibility for establishment of line and grade to control any of the purposes set forth in subsection (a), shall be with the permittee, provided, however, the city shall retain the option to establish control at the discretion of the city engineer.

(c)

In the event the city engineer exercises the option to establish control as provided for in section (b), the permittee shall pay a nonrefundable service charge to the city as a reimbursement of its costs to provide this service. The service charge will be set by city council by resolution during the budget process.

(Code 1966, §§ 7.04.090, 7.04.100; Ord. No. 4117, § 1, 6-25-91; Ord. No. 4869, § 1, 5-12-98; Ord. No. 5073, § 1, 11-9-99)