A. Determination of the Director to Perform Removal and Restoration Work. Where the director determines that an encroachment or excavation has been made in a public right-of-way or public service easement without a permit required by this chapter, in violation or contrary to the terms and conditions of a permit or order issued pursuant to this chapter, or in any manner that endangers the safety of persons or property, the director may remove such encroachment, refill such excavation and/or restore such public right-of-way or public service easement to the same or substantially the same condition as it was in prior to commencement of such encroachment or excavation, all for the account of and at the cost of the permittee or other person having made the encroachment or excavation, after service of any notice required by this chapter.
B. Service of Notice of Intent to Undertake Removal and/or Restoration Work. Upon determining to remove an encroachment, refill an excavation and/or perform restoration work in a public right-of-way or public service easement, the director shall cause written notice of such determination to be served on any person having undertaken the encroachment or excavation pursuant to a permit issued in the manner provided by this chapter. In addition to setting forth the intent of the director to perform such work, such notice shall set forth the reasons for undertaking such work and shall state that the permittee shall be liable for the full cost thereof. Except where the work to be performed by the director is necessary to remove or remedy the condition which threatens the safety of life or property, such notice shall also offer to the permittee the right to immediately undertake such work, at the permittee's sole cost and expense, provided the work is completed by the permittee within a reasonable time as determined by the director and set forth in the notice.
C. Liability for Cost of Removal or Restoration Work. Any permittee or other person having caused the encroachment or excavation which results in the performance of removal or restoration work by the director in the manner provided by this section shall, upon completion of such removal or restoration work, be liable to the city for the full cost thereof. In addition, where a surety bond or other security has been provided to the city as a condition of a permit authorizing construction or excavation work within a public right-of-way or public service easement, such surety or other security shall be liable to the city for the cost of such work to the full amount of the surety bond or other security.
(Ord. 1928 §2 (part, Ord. 2364 §136)