§ 13.20.020. Permission and notice required.

A.

No person shall dig or cause to be dug any excavation nor cause any obstruction to be constructed or placed in, on, over or under any street, road, alley, sidewalk or other public way, nor shall any person close or occupy any portion of the public right-of-way by means of or in connection with any excavation or obstruction within the jurisdiction of the metropolitan government without having first applied for and obtained from the director a permit to do so.

B.

1. No excavation may be undertaken in any street, road, alley or right-of-way or of any utility or temporary construction easement of the metropolitan government or other government entity by any department of the metropolitan government or any other entity unless notice as required herein has been given to the following: occupant of the property abutting a street, road, alley, or right-of-way in which work is to be performed; the fee owner and occupant of the property burdened by the easement in which work is to be performed; all occupants within the block where such work is to be performed; and the district member(s) of council representing the area of such excavation.

a.

For the purposes of this subsection, adequate notice shall be written notice providing the following information: (1) the purpose of the excavation; (2) a description of the excavation work; (3) the expected beginning date and completion date of the excavation work; (4) the name, address, and telephone number of a contact person available to provide information regarding the project and to receive complaints from the public; and (5) such other information as may be required by the director. Such notice shall be given to the persons provided above at least forty-eight hours prior to the beginning of any such construction work. The person holding the excavation permit shall deliver to the director a signed statement containing the list of persons notified or the addresses of the occupants notified and what manner of notification was used prior to commencement of work.

b.

If such construction work requires excavation in an area greater than one city block, the permit holder, in addition to the notice provided herein, shall also be required to erect and maintain during the time of construction a project sign which provides the same information as required in the notices. Such signs shall be in format, quantity, location and size as specified by the director.

2.

In the event such construction work is for emergency repairs to a utility or other public works, the notice required herein shall be waived, provided, that notice shall be given as soon as practicable to the owner setting forth both the work being undertaken and the purposes for such emergency repairs.

C.

At the end of each quarter, the department of public works shall submit to the metropolitan council a report that includes the following information for any portion of the public right-of-way that is closed or occupied for a period in excess of six months:

1.

The date the permit was issued.

2.

The date the permit was renewed, if applicable.

3.

The location of the closed or occupied right-of-way.

4.

The council district in which the closed or occupied right-of-way is located.

5.

The original expiration date of the permit and the original planned date to re-open the right-of-way.

6.

The revised expiration date of the permit and the revised planned date to reopen the right-of-way, if applicable.

(Amdt. 1 to Ord. BL2017-801 § 1, 2017; Ord. BL2017-801 § 1, 2017; Ord. BL2013-380 § 1, 2013; Ord. BL2000-443 § 1, 2000; Ord. 97-785 § 1 (part), 1997; Amdt. 1 with Ord. 93-815 § 1, 1993)