(A) Work not in compliance City Standards shall be rejected by the city and removed and redone by the permittee to the satisfaction of the Engineer.
(B) By obtaining an encroachment permit, the permittee expressly warranties all work to be free from defects for a period of one year after the permit expiration date. Should the trench repair fail within a year as determined by the City Engineer based on City or Caltrans Standards, the permittee shall repair the affected area at the City Engineer's discretion.
(C) Defects may include wearing surface failure, trench settlement, pavement smoothness or surface fluctuations resulting in an increase in ponding. Repairs shall be in conformance with the City and Caltrans standards, based on the type and severity of defect, as determined by the City Engineer.
(D) When the City of Eureka determines that an excavation or defect is hazardous or constitutes a public nuisance or threat to public health, safety, or welfare, the Engineer may order the responsible party to remedy the condition immediately.
(E) If the responsible party refuses or fails to make the needed repairs immediately, the City of Eureka will make the repairs and:
(1) The responsible party will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by the action or inaction of the permittee.
(2) The repair or restoration by the City of Eureka does not relieve the responsible party from liability for future pavement failures.
(3) If the responsible party fails or refuses to pay the restoration cost, the City may use any legal means to recover the costs, including but not limited to property liens and/or court action.
(Ord. 887-C.S., passed 8-6-19)