A. No excavation permit shall be issued unless a written application for the issuance of the permit is submitted to the director. The application shall be signed by the applicant and shall contain a certification that the applicant has read and is familiar with the contents of this chapter. Written applications state the name, telephone number, address and principal place of business of the applicant, the purpose of the excavation, an estimate of the location and dimensions of the excavation, and the estimated length of time in calendar days which will be required to complete the work. Applications submitted by contractors for franchise utility companies may include multiple locations so long as all work will be completed within the time specified. When issued, the permit shall be evidence of the authority of the applicant to make the excavation for which the permit was issued. Each permit shall have an expiration date, which may be extended by the director for good cause.
B. When the director, or his designee, shall determine that the proposed excavation may impact upon existing utility franchisees, the applicant will notify franchisees located in the street by providing the franchisee with a copy of the permit application. No permit shall be issued within twenty days of notice to the utility franchisees unless written approval of all impacted franchisees is obtained. Comments or objections from the utility franchisees shall be considered prior to permit approval.
C. In making application for an excavation permit, the applicant shall agree:
1. To complete all work authorized by the permit within the time specified in the permit, or any extension; and
2. Should the work not be completed within the time specified, to pay the city at the city’s established charges for the completion of the work; and
3. To repair or correct failed excavations for a period of one year from the completion date stated in the permit; and
4. To certify that notification has been made pursuant to the New Mexico One-Call program (Section 62-147.1, NMSA 1978) and provide the log number of such notification.
D. The director shall not issue a permit if he finds that any of the requirements of this chapter have not been fulfilled, if the proposed excavation will unduly interfere with utility service and/or maintenance, or if the proposed excavation is not in the best interest of the city or its franchisees. The decision of the director may appealed to the Clovis city commission within ten days of denial of the permit application. The decision of the city commission shall be final. (Ord. 1583-98 § 3(part), 1998).