Fiscal Note
Minimal increase in General Fund Revenues.
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AMENDED - Amending Section 9.20 of the Madison General Ordinances to add a licensing requirement to more types of work in the public right-of-way, to require a permit for more types of work in the public right-of-way, and to increase license and permit fees.
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DRAFTER'S ANALYSIS: This amendment adds a licensing requirement for those mudjacking, cleaning sewer drains, and inspecting sewers with CCTV in the public right-of-way. A permit also shall now be required whenever a licensed person performs certain work in the public right-of-way. Owners of buildings with four (4) or fewer units continue to be exempt from obtaining a license for performing certain work in the public right-of-way adjacent to their property but now shall obtain a permit to do such work.
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The Common Council of the City of Madison do hereby ordain as follows:
Section 9.20 entitled "Licensing of Concrete Layers, Asphalt Pavers, and Mudjackers" of the Madison General Ordinances is amended to read as follows:
"9.20 LICENSING OF CONCRETE LAYERS, ASPHALT PAVERS, AND MUDJACKERS, SEWER DRAIN CLEANERS, SEWER CCTV INSPECTORS, AND PRIVATE SNOW REMOVAL EQUIPMENT OPERATORS.
(1) Except as provided in (2), Nno person, partnership, firm, corporation or organization shall construct or lay any concrete sidewalk, concrete terrace, concrete curb and gutter, concrete driveways, asphalt driveways, or asphalt terraces, upon any streets or public walkway; clean or inspect by CCTV any public sewer main or any portion of a private sewer lateral located in the public right-of-way; or plow snow or ice in the public right-of-way with mechanized equipment in excess of seven hundred fifty (750) pounds without first having obtained a license from the City Engineer as a concrete layer, asphalt paver or mudjackerto perform such work. Any person desiring to obtain such license shall pay a fee of fifty dollars ($50), submit his/her qualifications as a concrete layer, asphalt paver, or mudjacker, sewer cleaner, sewer CCTV inspector, or snow plow operator for the approval of the City Engineer, and shall, at the time of applying for such licenseapplication, deliver a surety bond to the City of Madison in the sum of one five thousand dollars ($15,000), to be approved by the City Attorney. The license period shall run for two years from November 1 of one year to October 31 of the following year February 1 through January 31 and may be renewed annually biennially upon the payment of fifty dollars ($50), the filing and approval of a bond as above provided, and submission of qualifications for City Engineer approval. conditioned that such applicant will secure a permit from the City Engineer and will comply with all the rules and regulations and specifications adopted by the Common Council or made by the City Engineer in relation to the construction of laying of concrete or asphalt material or doing mudjacking and such applicant will pay all damages, costs and expense caused by the negligence of himself, or his employees, or his subcontractor, or occasioned by his or their failure to comply with such rules, regulations, and specifications. Such license period shall run from April 1 of one year to March 31 of the following year and may be renewed annually upon the payment of ten dollars ($10), the filing and approval of a bond as above provided, and submission of qualification for City Engineer approval, and this section shall apply to any property owner who shall lay or construct his own concrete sidewalk, concrete driveway, or asphalt driveway on the right-of-way, except as specified under (2) of this section.
(2)(3) Property owners of buildings with four (4) units or less which are zoned residential that desire toNo person, parternship, firm, corporation, or organization may construct their ownor lay any concrete sidewalk, concrete terrace, concrete curb and gutter, concrete driveway, or asphalt driveway or asphalt curb and gutter onwithin the public right-of-way must securewithout obtaining a permit from the City Engineer, prior to performing the work. conditioned that suchAll permittees willshall comply with all the rules, and regulations, and specifications adopted by the Common Council or made by the City Engineer in relation to construction and laying of concrete or asphalt materialthe work performed and such permittee shall pay all damages, costs and expenses caused by his/her negligence, or occasioned by his/her failure to comply with such rules, regulations, and specifications. There shall be no charge for this permitThe permit fee shall be twenty five ($25) dollars.
(4) Any licensee under (1) above who is not required to also obtain a permit shall nonetheless comply with all the rules, regulations, and specifications adopted by the Common Council or made by the City Engineer in relation to the work performed and shall pay all damages, costs, and expenses caused by his/her negligence, or occasioned by his/her failure to comply with such rules, regulations, and specifications."