(A) Deposits shall be kept separate from the other city funds. After the person to whom the permit has been issued has completed all requirements as set forth in this code, said person shall return the permit copy marked "For Deposit Return" to the building official. The building official shall inspect said excavation site and if all code requirements have been met to his satisfaction, the building official shall sign said copy and forward it to the city treasurer who shall refund the amount deposited for the specific excavation.
(B) A deposit for multiple openings shall be retained by the city building department until a request for refund is made by the contractor. Upon completion and approval of all work performed under all open permits issued to the contractor, the building official shall authorize the city treasurer to refund the deposit.
(C) If within thirty (30) days of the date the permit was issued or on such date otherwise specified in the permit, the person to whom the permit was issued has not restored the street, alley, sidewalk, pavement or public place to as good a condition as prior to the opening as determined by the building official or his designee, the deposit shall be used by the city to restore the excavated area to as good a condition and such portion, if any, of the deposit not expended to complete the restoration shall be refunded to the depositor. Any costs incurred by the city in excess of the deposit shall be reimbursed to the city by the applicant within thirty (30) days of the date the city requests reimbursement for payment of the costs incurred in excess of the deposit.
(D) Such cost, if not paid within said thirty (30) days, shall be a lien upon the real estate affected if, within sixty (60) days thereafter, the city or the person performing the repair work files notice of lien in the office of the recorder of deeds. Such notice shall consist of a sworn statement setting out: 1) a description of the real estate sufficient for identification thereof, 2) the amount of money incurred or payable for the repair work, 3) the date, or dates, when such costs and expense were incurred. The person to whom the tax bill was sent for the general taxes on the property for the last preceding year shall be served a copy of the notice of lien; service shall be made personally or by certified mail.
(E) Upon payment of the cost and expense after notice of lien has been filed, the city or person in whose name the lien has been filed shall provide a release of lien. (Ord. 2781, 5-3-2010)