9.05.055 Permit issuance or denial by city engineer.
A. Grounds for Denial. The permit shall be denied when, in the judgment of the city engineer, the proposed work would:
1. Directly or indirectly create a hazard to human life, or a substantial risk of hazard to human life;
2. Directly or indirectly harm real or personal property or create a substantial risk of harm to real or personal property;
3. Cause damage or substantial risk of damage to any public sewer, storm drain, water course, street, street improvement or any other public real or personal property; or
4. Cause irreparable or unreasonable harm or create substantial risk of harm to a significant natural resource area.
B. If, in the opinion of the city engineer, conditions contained in subsection A of this section can be eliminated or mitigated by imposing conditions or by a specified method of performing the work, or through redevelopment or rehabilitation of the site, the city engineer may grant the permit on the condition that the specified protection and precautionary work or mitigation shall be done to the city engineer’s satisfaction or on the condition that a specified method of performing the work shall be used.
C. Conditions on Issuance. In granting a permit under this ordinance, the city engineer may attach conditions to ensure conformity with the provisions of subsection A of this section. No person shall violate any conditions imposed by the city engineer. In addition to conditions which address subsection A of this section, the city engineer may impose additional conditions which may include, but shall not be limited to:
1. Limitations on the hours of operation or the period of year in which work may be performed;
2. Restrictions on the size and type of equipment;
3. Designation of routes on which materials may be transported;
4. The completion date for the permit;
5. Requirements as to the laying of dust and tracking of dirt, the prevention of noises and other results offensive or injurious to the neighborhood, the general public or any portion of the public or the neighborhood;
6. Manner of use of public streets and places in the course of the work;
7. Requirements to protect the environment and natural resources, on or off site.
D. The effective date of the permit is governed by BC 9.05.085. [BC 9.05.055, amended by Ordinance No. 3440, 4/2/85; amended by Ordinances No. 3487, 1/14/86, Ordinance No. 4249, 4/7/03, Ordinance No. 4744, 10/17/18]