If by special action of the Service Director, a permit is issued to open any paved and improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to 2% of the cost of restoring the opening for each unelasped month or fraction thereof of the five-year restricted period.
(1974 Code, § 903.28)