It is unlawful for any person, corporation, or utility company to perform any excavation within newly surfaced or resurfaced roadways for a period of at least seven (7) years after surfacing, unless the excavation is an "emergency" as defined in this chapter. The disapproval of an excavation permit by reason of new street construction may be appealed by filing a written request with the city council. The city council shall hear such request within thirty (30) days following notice of such appeal. (Ord. 402 § 3, 2003)