§ 12.4.030. Application—refusal—issuance.

A.

The Planning and Community Development (P&CD) Director or designee may, in his or her discretion, grant or refuse to grant such application. Justification for refusal includes, but is not limited to, the applicant's outstanding debt or obligation to the City.

B.

The refusal of the director may be appealed, in writing, to the City Manager's office within fifteen (15) calendar days of the director's refusal. If the City Manager or designee affirms the refusal, the applicant may appeal the decision in writing to the City Commission within fifteen (15) calendar days of the City Manager's affirmation.

C.

If the application is granted, whether by the P&CD Director, the City Manager, or the City Commission, the applicant shall accomplish the proposed work within the time allowed by the Public Works Director and under the director's supervision.

D.

All excavation shall be conducted in accordance with rules, regulations and specifications on file in the Department of Public Works.

E.

All excavation shall be thoroughly backfilled, and any such excavation or opening shall be restored to the condition it was prior to such excavation or opening, or better, except that the City will replace all asphaltic surfacing in paved streets, with costs to be paid by the applicant, unless the Public Works Director or designee authorizes the applicant to replace the asphaltic surfacing.

F.

Flowable fill shall be used to backfill trench excavation on arterial and collector streets and when deemed necessary by the Street Division Supervisor or designee on local streets and alleys.

G.

Flowable fill shall be used to cap street openings during the winter and whenever hot mix asphaltic surfacing is not available. The surface shall be maintained, by the permittee, until hot mix asphaltic surfacing becomes available.

(Ord. 3170, 2018)