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buildings, walls, fences, trees or utilities that may be subject to damage from the permitted <br />excavation. A permittee shall be responsible for all damage to public or private property <br />resulting from its failure to properly protect people and property and to carry out the work. <br />7.299 Public Way Construction and Use -Permit Revocation. Failure to comply <br />with any condition of the permit issued under section 7.295 and related code <br />or administrative rule requirements, or failure to make a safe and timely restoration of the <br />public way shall be cause for revocation of the permit. <br />7.300 Public Way Construction and Use -Permit Fees. <br />(1) The fee for a permit required by section 7.290 shall be set by the city <br />manager pursuant to section 2.020 of this code in an amount sufficient to fully recover all <br />of the City's costs related to processing the application for the permit and inspecting the <br />work during and after completion of the work. <br />(2) Except when the permittee is a municipal utility, a franchisee, or a <br />licensee otherwise obligated to compensate the city for on-going use of the public way, in <br />addition to the fee required in subsection 7.300(1), a fee for leaving any structure, pipe, <br />conduit, culvert or facility in the public way may be set by the city manager pursuant to <br />section 2.020 of this code to provide a reasonable return to the public for the permitted <br />on-going use of the public way. <br />7.302 Public Way Construction and Use -Location of Facilities. <br />(1) All underground pipes and conduits in the public way shall be laid a <br />minimum depth of 30 inches below the city-established street grade or alley grade and 30 <br />inches below ground level in utility easements, unless otherwise approved by the city <br />manager or designee. If it becomes necessary for the proper or necessary public use of <br />any public way that any structure, pipe, conduit, culvert or facility heretofore installed or <br />constructed be removed or relocated or that any use made thereof by a municipal utility, <br />franchisee, licensee, or permittee be discontinued, the city engineer shall give written <br />notice to the owner of the street tree, pipe, conduit, culvert or other facility to remove the <br />same within a reasonable time. If the owner fails to comply with such notice, the city may <br />remove or relocate the same and charge the costs of removal or relocation to the owner. <br />(2) A permit issued under sections 7.290 and 7.295 shall require that all <br />utilities and communications facilities be located underground in the manner provided in <br />subsection (1) of this section if the permit is associated with new residential or new <br />commercial development. <br />(3) A permit issued under section 7.295 may require the permittee to <br />locate the facility or utility jointly with other providers and to reserve public space in <br />privately opened trenches to ensure adequate conduit capacity for city operational and <br />infrastructure needs. <br />Ordinance - 12 <br />