Chapter 13.32
UTILITY CONSTRUCTION PERMIT
Sections:
13.32.030 Franchise holders—Council regulation.
13.32.040 Violations deemed nuisances.
13.32.050 Repairs exempted from provisions.
13.32.010 Permit required.
No person or corporation shall build, construct or extend any railroad of any kind or any street railway, telegraph line, telephone line, electric light line or lay under ground any conduit or pipe or pipes for the transmission and distribution of water, illuminating or fuel gas or other liquid, gas or other thing in any street, avenue, alley or other public place in the city without first obtaining a permit therefor from the city council of said city; and no person or corporation shall make any excavation of any kind or deposit any material or thing in any street, avenue, alley or other public place of the city for the purpose or with the intention of building or constructing any such railroad, street railway, telegraph line, telephone line, electric light line, conduit or pipe or pipes for any such purpose aforesaid, without first obtaining such permit from the city council of said city. The city council may impose such reasonable restrictions and conditions in granting such permit as they may deem proper, and may require a bond or cash deposit conditioned that the licensee under the permit will restore to as good condition as to prior to being disturbed under such permit, all street pavements, or planking, sidewalks or other street improvements of any kind to the satisfaction of the city engineer. (Prior code § 4.52.010)
13.32.030 Franchise holders—Council regulation.
If the person or corporation applying to the city council for any such permit shall have a valid and existing franchise or permission for the structure desired, under any valid ordinance of the city, it shall be the duty of said council to grant such permit; provided, that said council shall defer, or temporarily refuse the granting thereof, until such time as it deems proper in its discretion in all cases where the street or alley, or other public place on which the work is desired to be done, is occupied or about to be occupied in any work by the city in improving or repairing such street, alley or public place, or in repairing, extending or constructing water mains, sewer pipe or other property of the city; or in cases where such street, alley or public place is occupied or is about to be occupied by any other person or corporation having a right to use the same in such manner as to render it seriously inconvenient to the public to permit any further obstruction thereof at said time; and provided further, that said council shall, in granting said permits, so regulate or defer the granting thereof that a sufficient portion of such street, alley or public place shall, as far as possible, be open for public use for purposes of traffic, and in all cases any work of the city or its contractors or employees shall have precedence over all other work of every kind. (Prior code § 4.52.020)
13.32.040 Violations deemed nuisances.
All railroads, street railways, telegraph lines, telephone lines, electric light lines, radio receiving or transmitting antenna or other wires used for radio purposes, and all rails, ties, planks, posts, wires and other structures, apparatus and materials built, constructed or placed in any street or alley of the city in violation of Section 13.32.010 of this chapter shall be deemed public nuisances, and shall be abated with or without action, and other proceedings shall be taken thereon as are authorized by law and the ordinances of the city for the prevention, abatement and punishment of nuisances, or obstructing streets, alleys or other public places in said city. (Prior code § 4.52.030)
13.32.050 Repairs exempted from provisions.
It shall be no defense to any prosecution or proceeding under this chapter that a franchise or permission to build or construct such railroad, street railway, telegraph line, telephone line or electric light line has been granted by any ordinance of said city, but this chapter shall not be construed as to require a permit for the doing of ordinary repairs to any such structure when such repairs are made in good faith and not for the purpose of making any extension to such structure. (Prior code § 4.52.050)