(A) (1) When any person desires to make an opening or excavation in or under the surface of any street, sidewalk, or other public way of the city, such person shall make written application to the city for a permit to do such work.
(2) The application for a permit shall state the nature and purpose of such cut or excavation and shall be accompanied by a set of plans and specifications indicating the site, methods of construction to be used, and proposed methods of returning the street or road to its original condition after completing of the cut or excavation.
(B) (1) After the issuance of such permit, the work allowed thereby shall be done within the time fixed by the permit and the surface of the street, sidewalk, or other public way shall be restored to as good condition as it was before such opening or excavation was made.
(2) Any deficiency in materials shall be made good with new materials by the person making the cut or excavation. After completion of the work allowed by such permit, the person to whom the permit was issued shall, within five days, report in writing to the city the fact that such work has been completed.
(C) (1) The person who made the cut or excavation shall maintain the condition of the surface over such opening or excavation for five years in as good condition as the remainder of such street, sidewalk, or other public way and shall repair or reconstruct the same as often as may be necessary.
(2) Should such person fail to maintain, repair, or reconstruct any such surface within ten days after notice from the city, the city may have such surface repaired or reconstructed and charge the cost of same to the person responsible therefor.
(3) Such person shall indemnify and save harmless the city against any claim for damages by reason of any defective condition of any such alley, street, sidewalk, highway surface, or other public way to such construction or by reason of any work so done of whatever nature.
(D) To protect the city against any loss or damage on account of any opening or excavation in or under the surface of any street, sidewalk, or other public way, every person, before doing any work on said street, sidewalk, or other public way, shall file with the city an acceptable bond of such amount and upon such terms as directed by the legislative body.
(E) Any permit issued as herein prescribed shall in no way be construed as affecting or recognizing the validity of any existing grants, franchises, or permits or of any such rights alleged to exist, unless especially stated herein.
(F) Police may issue emergency permits.
(1996 Code, § 11-4.02) Penalty, see § 90.999