11.08.070   Liability assumption—Defective backfill—Settlement.
   Anyone who accepts and acts under a street opening permit granted under the provisions of this chapter thereby agrees to assume full responsibility for injury to persons or losses or damage to property incurred by reason of or arising out of any act or omission of such permittee in making such excavation, cut or opening or in failing properly to barricade, guard and warn the public of such excavation or trench, and further thereby agrees to assume full responsibility for injury to persons and losses or damages to property incurred by reason of or arising out of any settlement of a restored area occurring within one year of the date of completion of the permanent resurfacing. If any settlement occurs in a restored area within one year of the date of completion of the permanent surfacing, it shall be considered as conclusive evidence of defective backfill.
   Upon failure or refusal of such permittee to correct such settlement within five days after notice by the city engineer to do so, any expense incurred by the city in correcting such condition shall be paid by the permittee.
(Ord.  265 § 7,  1959).