903.14 BACKFILLING AND RESTORATION.
   (a)    All pavement cuts, openings and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to City specifications.
   (b)   The Director must be notified by the permittee at least four hours preceding the beginning of backfilling, of the date and approximate time at which backfilling will be begun.
   (c)   No backfilling shall be accomplished unless or until the Director or a designated City inspector is present.
   (d)   The work of restoration, including both paving and base shall be performed directly by the City under the supervision of the Director.
   Or Alternate Provision To Subsection (d) Where Municipality Does Not Restore The Opening
   (d)    The work of restoration, including both paving surface and paving base, shall be performed by the permittee according to City specifications.
   (e)    If the Director finds that surface pavement 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 may require a negotiated contribution from the permittee for the resurfacing, in place of patching, of such street if the total area of the proposed patch or probably damaged area exceeds fifteen percent of the total surface pavement 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.
   (f)   After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.
   (g)   The Director shall make daily inspections of all work authorized by a permit. The Director is hereby empowered to provide a full-time inspector if the work to be performed is of a nature that a full-time inspector is necessary to ensure compliance with the provisions of this chapter.
   (h)   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.
   (i)   Upon completion of all work accomplished under the provisions of the permit, the permittee shall notify the Director in writing. 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 City specifications. Prior to the issuance of a certificate, the Director shall make a final inspection of the restoration to determine whether City specifications have been adhered to.
   (j)   If any settlement in a restored area occurs within a period of one year from the date of completion of the permanent restoration, any expense incurred by the City in correcting such settlement shall be paid by the permittee or recovered from his bond, unless the permittee submits proof satisfactory to the Director that the settlement was not due to defective backfilling .
   (k)   In no case shall any opening made by a permittee be considered in the charge or care of the City, 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.
(Ord. 87-7. Passed 4-20-87.)