ORDINANCE NO. 14,772
AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, and amended by Ordinance No. 14,447 passed May 23, 2005, and Ordinance No. 14,685 passed August 20, 2007 by amending Section 26-211(b)(1) thereof, relating to building code obstruction permits.
Be It Ordained by the City Council of the City of
Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, and amended by Ordinance No. 14,447 passed May 23, 2005, and Ordinance No. 14,685 passed August 20, 2007 is hereby amended by amending Section 26-211(b)(1) relating to building code obstruction permits, as follows:
Sec.
26-211. Obstruction
permit, bond, and insurance.
(a) No person shall use any portion of public
property as described in Section 3308 of the International building code
without first obtaining an obstruction permit which shall state the following:
(1) The name of the owner of the property abutting
the public property to be used.
(2) The name of the person applying for the
obstruction permit.
(3) An accurate description of the public property
to be obstructed or occupied.
(4) The length of time such obstruction or
occupancy shall exist.
(5) An agreement to comply in all respects with
the provisions and requirements of the building code, this article and other
city ordinances relating to the use of streets and alleys and to indemnify and
save and keep harmless the city from any and all costs, expense or liability
for damages or injuries to persons or property or liability of any kind
whatsoever, arising from or growing out of the use and occupancy of such street
or growing out of the deposit of such material or any failure to properly pile,
deposit, guard, light or care for such.
(6) Such additional requirements as may be deemed
necessary for the protection of the city and its inhabitants.
(b) Before an obstruction permit shall be issued,
there shall be placed on file in the office of the building official a surety
bond and liability insurance as follows:
(1) A surety bond in the sum of $5,000.00
conditioned to ensure removal of the obstruction and restoration of the
right-of-way and all public improvements thereon by or before the expiration
date of such obstruction permit or such extended time as may be granted by the
city; and
(2) Liability insurance showing the city as named
additional insured and providing a minimum limit of liability in the amount of
$500,000.00 each accident, for accidents caused by maintenance of such
obstruction. The insurance policy shall contain a provision whereby such
insurance may be cancelled or materially altered only after giving the city ten
days' written notice of the change or cancellation.
(c) Such surety bond and liability insurance shall
be approved by the building official and the legal department and shall be
conditioned to secure the performance of such agreement by the applicant.
(d) No person shall, under any permit, occupy more
area than is stated in the obstruction permit.
(e) The fee for an obstruction permit shall be as
set forth in the Schedule of Fees adopted by the city council by resolution.
Exception: To allow street maintenance and use of public
way when maintenance is required.
Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
FORM APPROVED:
Kathleen Vanderpool, Deputy City Attorney
T.M. Franklin Cownie, Mayor
Attest:
I, Diane Rauh, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 08-1026), passed by the City Council of said City at a meeting held June 9, 2008 signed by the Mayor on June 9, 2008 and published as provided by law in the Business Record on June 23, 2008. Authorized by Publication Order No.6222.
Diane Rauh, City Clerk