(A) When an excavation is made in or under any street, the person doing such work shall restore the street within a reasonable length of time after the completion of the work to as good a condition as before the commencement of the work and according to the specifications established by the director of public works. Any length of time in excess of three days shall be prima facie evidence that the length of time is not reasonable. In the event that special or unusual circumstances prevent the restoration of the surface of a street within a reasonable length of time, the person who made the excavation shall obtain the Director of Public Works' approval for a time extension and shall maintain the excavation in a safe and easily traversable condition until the surface is restored.
(B) Any person who has restored or caused to be restored any street pursuant to this subchapter shall maintain to the satisfaction of the Director of Public Works for one year the surface of the street.
(C) If a person who has made an excavation in or under a street fails to restore said street within a reasonable length of time and has not obtained a time extension, or fails to restore said street according to the specifications prescribed herein, or fails to maintain the street for the length of time prescribed herein, the Director of Public Works shall notify the person in writing to properly restore or maintain the street within five days after such notice. It shall be unlawful for any person to fail to comply with such notice.
(D) If a person fails to comply with the notice provided for in division (C), the Director of Public Works may cause the street to be properly restored or maintained and shall charge said person with the cost of such work. It shall be unlawful for any person who has failed to comply with said notice to fail to pay these costs.
(E) If the city restores or maintains a street because of the failure of a person to comply with the requirements of this section, the person shall be charged with the cost incurred by the city for such work. The Director of Public Works shall establish a rate schedule for labor, equipment and materials and shall update the same from time to time. The city's cost shall be computed according to such schedule.
(F) When a person makes or causes to be made an excavation in a street, the person shall place, erect and maintain an adequate number of warning devices around said excavation to protect the public until the street is restored. The type and number of warning devices and the placement of the same shall conform to the latest edition of the Texas Manual on Uniform Traffic Control Devices. No person shall encumber a street for a longer period of time than shall be reasonably necessary to execute the work. Any length of time in excess of 30 days shall be prima facie evidence that the length of time is not reasonable. The Director of Public Works may issue an extension of time only in special or unusual situations.
(G) A person who makes an excavation in an area behind a curb but within a street right-of-way shall comply with all the requirements, time limits and guidelines established for excavations in and under streets.
('68 Code, § 25-47) (Ord. 5-1979-25, passed 5-8-79) Penalty, see § 99.99