(a) All pavement cuts, openings and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to municipal specifications.
(b) The Service Director must be notified by the permittee during the 48-hour period preceding beginning of backfilling of the date and approximate time at which backfilling will be begun.
(c) The work of the final restoration, including both paving surface and paving base, shall be performed by the permittee according to municipal specifications.
(d) If the Director finds that paving surfaces adjacent to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause such damage, he or she may require a negotiated contribution from the permittee for the resurfacing in the place of patching such street if the total area of the proposed patch or probably damaged area exceeds 25% of the total pavement surfacing between curb faces or between concrete gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
(e) After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.
(f) The Director shall make such inspections as he or she may deem necessary of all work authorized by a permit. The Director is empowered to provide a full-time inspector, if necessary, to ensure compliance with the provisions of this chapter.
(g) All inspection costs shall be borne by the permittee. Such costs shall be based on a schedule of charges on file in the office of the Director.
(h) The permittee shall notify the Director in writing upon completion of all work accomplished under the provisions of the permit. A certificate of final inspection shall be issued by the Director to each permittee no sooner than one year after the permanent restoration of the excavation has been made, provided the work authorized by the permit has been performed according to municipal specifications. Prior to the issuance of a certificate, the Director shall make a final inspection of the restoration to determine whether municipal specifications have been adhered to.
(i) If any settlement in a restored area occurs within a period of one year from date of completion of the permanent restoration, any expense incurred by the municipality in correcting such settlement shall be paid by the permittee or recovered from his or her bond, unless the permittee submits proof satisfactory to the Director that the settlement was not due to defective backfilling.
(j) In no case shall any opening made by a permittee be considered in the charge or care of the municipality or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power, when it is necessary to protect life and property.
(1974 Code, § 903.14)