(A) All construction performed under any permit granted to a person by the city under this chapter must be maintained to the satisfaction of the Director for two years after substantial completion of construction or repair.
(B) Work performed within the public right-of-way and outside the limits of the pavement, that includes, but is not limited to, the surface, underground infrastructure, irrigation system, landscaping, signage, and/or sidewalks is subject to the two-year maintenance period. Should the city reasonably determine, within two years from the date of the completion of work, that additional restoration work is required, the permittee shall perform such additional restoration work to the satisfaction of the city within 30 days after the Director gives written notice to the permittee to correct the damage, defect, or other problem. If the restoration work is not completed within 30 days, the work may be performed by the city, and costs for said work charged to the permittee.
(C) The permittee shall notify the Director at least 24 hours before commencing any repair operations. If a construction or excavation site is subsequently disturbed by another party, including another permittee or the city, any continuing obligation to maintain the overlapping area shall cease. If the site is disturbed by another permittee, then that permittee shall be subject to the maintenance period for the overlapping area.
(D) The Director shall notify the permittee in writing if the backfill on a permitted pavement cut or excavation settles at any time during the two-year maintenance period, causing subsidence in the pavement of one-half inch or more, vertically measured in any three-foot horizontal direction. Upon notification, the permittee shall commence repair work within ten days and notify the Director 24 hours in advance of commencement of the repair work. If the repair work is not commenced within 30 days or an appropriate extension as approved by the City Manager, the repair work may be performed by the city.
(E) The decision of the Director as to the necessity of correcting any damage, defect or other problem is binding on all parties.
(F) All damage caused directly or indirectly to the public right-of-way surface or subsurface outside the construction area will be regarded as part of the construction and must be included in the total area repaired.
(G) Upon failure of the permittee to perform any such repair or restoration work described in divisions (A) through (E) above, the city may repair such portion of the public right-of-way as may be required. The permittee or public service provider shall reimburse the city for the actual direct and indirect costs of the repair work.
(Ord. 06-2006-46, passed 6-13-06) Penalty, see § 157.99