A. When a permittee, or any person acting on its behalf, does any work in or affecting any public rights-of-way or city property, he or she shall, at his or her own expense, promptly remove any obstructions therefrom and restore the ways or property to good order and condition unless otherwise directed by the city and as determined by the City Engineer or designee.
B. If weather or other conditions do not permit the complete restoration required by this section, the permittee shall temporarily restore the affected rights- of-way or property. This temporary restoration shall be at the permittee’s sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent the permanent restoration. Any corresponding modification to the construction schedule shall be subject to approval by the city.
C. If the permittee fails to restore rights-of-way or property to good order and condition, the city shall give the permittee written notice and provide the permittee a reasonable period of time not exceeding 30 days to restore the rights-of-way or property. If, after the notice, the permittee fails to restore the rights-of- way or property to as good a condition as existed before the work was undertaken, the city shall cause the restoration to be made at the expense of the permittee.
D. A permittee or other person acting in its behalf shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of the work in or affecting the rights-of-way or property. A permittee shall also take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public.
E. For a period of 12 months following the completion of the work and the restoration of a street, the person who opened the street shall be responsible for the condition of the fill and replacement, and of the resurfacing. Should the trench settle during this period, it is the responsibility of the permittee to bring the street back to proper grade, notwithstanding the fact the work may have previously been approved and the bond canceled.
(Ord. 1035, passed 11-3-1999)