Chapter 12.05
MAINTENANCE AND IMPROVEMENTS
Sections:
Article I. Generally
12.05.020 Application for permit.
12.05.030 Plans and specifications of the city.
12.05.040 Liability for damages.
12.05.050 Violation – Penalty.
Article II. Utilities Installation
12.05.060 Maps and description required.
12.05.070 Liability for damage.
12.05.080 Prior installation of utilities.
Article I. Generally
12.05.010 Permit required.
It is unlawful to perform any and all work upon, along, over, under or across any city street, sidewalk, parking strip, utility, avenue, alley, culvert, ditch, easement or other public property in the city without first securing a permit from the city of South Bend. (Ord. 911 § 1, 1973).
12.05.020 Application for permit.
Application for the permit required by SBMC 12.05.010 shall be filed with the city of South Bend, stating the name of the owner, the correct street address and legal description of the property to be served, dimension and locations of any building on the property and a plan and profile of the proposed improvements. The application shall be submitted to the city supervisor for approval, who may change or modify the same and designate the time, manner and place of the work. He may also specify the type, size and grade of any materials to be used, and shall endorse his approval upon the application. Upon issuance of a permit it shall be unlawful to alter or to do other work than as provided for in the permit. (Ord. 911 § 2, 1973).
12.05.030 Plans and specifications of the city.
The city council may make rules and regulations and amend the same from time to time as they deem necessary and convenient to carry out the provisions of this chapter. Such rules and regulations shall be known as, and are herein referred to as, “The Standard Plans and Specifications of the City of South Bend.” Such rules, regulations and amendments thereto shall be adopted by resolution of the city council and become effective after filing with the city clerk-treasurer. Copies of all current rules and regulations shall be at all times available at the South Bend City Hall. (Ord. 911 § 3, 1973).
12.05.040 Liability for damages.
Whoever violates any of the provisions of this chapter shall, in addition to any penalties provided for such violation, be liable for any expenses, losses or damages occasioned thereby to the city of South Bend. (Ord. 911 § 4, 1973).
12.05.050 Violation – Penalty.
Violation of or failure to comply with the provisions of this article shall subject the offender to a maximum fine of $100.00 or imprisonment for 30 days, or both, and each day that any violation or failure to comply exists shall constitute a separate offense. (Ord. 911 § 5, 1973).
Article II. Utilities Installation
12.05.060 Maps and description required.
Any person or other legal entity replacing underground utilities of any kind including, but not limited to, cables, lines or pipes shall, at the time of such installation or replacement, furnish the city of South Bend with accurate maps of the location of such underground utility along with an accurate description of the nature of the installed utility. (Ord. 999 § 1, 1979).
12.05.070 Liability for damage.
Failure to comply with SBMC 12.05.060 shall subject the person or entity so failing to liability for any damages or loss resulting from said failure, including, but not limited to, any delay or modification of construction contract which results from such failure. Any person or entity failing to comply with SBMC 12.05.060 shall be obligated to hold the city of South Bend harmless from any loss or damage occasioned by such failure including, but not limited to, any delay or modification of construction contract which results from such failure. (Ord. 999 § 2, 1979).
12.05.080 Prior installation of utilities.
Prior to the consideration of any property to be subdivided, resubdivided and/or annexed to the city of South Bend, Washington, the applicant must show to the satisfaction of the city the construction of any new or open roads to city specifications and the installation of all water, sewer, hydrants and drainage placed according to the requirements of the city. Or in the event that there are streets to be constructed, utilities to be installed or drainage ditches to be dug, then plans for the same and proof of the property owner’s ability to pay for the same shall be furnished to the satisfaction of the city and meet all health and safety standards, and no action by the city approving such subdivision, resubdivision and/or annexation shall be acted upon without the above requirements; provided, however, it is the city’s option and where the property is not contiguous to the city limits, the city may furnish water service only with an agreement by the land owner and without annexation. (Ord. 1062 § 1, 1981).