§ 50-190. Permit required.

(a)

Except as otherwise provide, no right-of-way user may excavate any right-of-way or conduct any repair, construction, or reconstruction of facilities or trim trees located within the right-of-way without first having obtained the appropriate right-of-way permit.

(b)

This requirement shall not apply to:

(1)

Contractors and city employees working on the construction or reconstruction of public improvements on behalf of the city.

(2)

Right-of-way users performing routine service operations.

(3)

Maintenance performed on street light fixtures or lamps which do not materially alter, add to, or take away from the structure and operations of existing facilities.

(c)

No person owning or occupying any land abutting a right-of-way shall construct, maintain, or permit in or on the portion of the right-of-way to which such land is adjacent, any fixed structure, material or object without having obtained the appropriate right-of-way permit unless specifically excluded above.

(d)

As described herein, an emergency shall not exempt right-of-way users from obtaining a right-of-way permit. If due to an emergency it is necessary for the right-of-way user to immediately perform work in the right-of-way and it is impractical for the right-of-way user to first obtain a right-of-way permit, the work may be performed and the required permit shall be obtained as soon as possible during the next business day observed by the city.

(e)

No permitee may perform work in the right-of-way beyond the date or dates specified in the right-of-way permit unless the permitee:

(1)

Makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and

(2)

A new right-of-way permit or extension is granted.

(f)

Before receiving a right-of-way permit, the applicant must show proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other authorization required by any appropriate governmental entity including, but not limited to, the city, the FCC and the KCC.

(g)

The right-of-way user shall participate in any joint planning, construction and advance notification of right-of-way work, including coordination and consolidation of street-cut work as directed by the city engineer. In addition, the right-of-way user shall cooperate with other right-of-way users and the city for the best, most efficient, most aesthetic and least obtrusive use of the right-of-way, consistent with safety, and to minimize traffic and other disruptions, including street cuts.

(h)

Except in the case of emergency work, any right-of-way user who is found to be working in the public right-of-way without a permit will be ordered to stop work until a permit is acquired and properly made available for inspection at the work site.

(Ord. No. 2015-01-4378, § 3, 1-20-2015)