12.02.020 Encroachment permit required.
A. No person shall create or construct any encroachment without first having obtained a written permit from the City of Montague Public Works Department or city engineer.
B. No encroachment permit shall be issued unless the applicant enters into an agreement to assure and hold harmless the city, its agents, and employees from all liability which may occur for injury or damage to the person or property of the applicant or others resulting from the encroachment placed or the manner or lack of maintenance of the encroachment during the course of construction. The city clerk or whom the city council designates may execute on behalf of the city the agreements provided for by this section.
C. The public works supervisor and/or city engineer may issue such written permits authorizing the permittee to do any of the following acts:
1. Make an opening or excavation for any purpose in any city street, alley, easement or sidewalk; and
2. Place, change, or renew an encroachment, except that no permit shall be required for changes, renewals or replacements of encroachments installed by public utility corporations when the work is performed by the utility's own personnel, and where such changes, renewals or replacements require no opening or excavation of a city street. (Ord. 12-01, 2012)