§ 14-6-23. PERMIT REQUIRED FOR USE OF RIGHT-OF-WAY FOR EMERGENCY OPERATION OR REPAIR ON PRIVATE PROPERTY.

(A)

This section applies only to a temporary use of right-of-way permit issued under this article.

(B)

A person must obtain a temporary use of right-of-way permit before the person may exclude the public from use of part of a roadway, sidewalk, or right-of-way to make or complete an emergency operation or unplanned repair on private property.

(C)

The building official may issue a temporary use of right-of-way permit under this article if the building official determines that a dangerous condition exists on private property that prevents the safe public use of a right-of-way. The building official shall apply the standard of ordinary care in making a determination under this article.

(D)

A person requesting a temporary use of right-of-way permit for a term of more than 30 days, or for an extension beyond 30 days from the effective date of the permit must provide the building official with:

(1)

information the building official considers necessary to determine the extent of the danger to public health and safety;

(2)

a statement of how the proposed emergency operation or unplanned repair is expected to alleviate the danger; and

(3)

a statement describing the person's efforts and capability to timely complete the emergency operation or unplanned repair.

(E)

The building official may determine whether to issue a temporary use of right-of-way permit under this article or if the applicant must obtain a right-of-way use for construction permit under Article 2 ( Temporary Use of Right-of-Way ), Division 2 ( Temporary Use of Right-of-Way ) of Chapter 14-11 ( Use of Right-of-Way ).

Source: 1992 Code Sections 15-2-6(A), (B), and (D); Ord. 031204-12; Ord. 031211-11.