901.06 NEW CONSTRUCTION.
   (a)   When any public street or way is to be newly constructed, repaved or resurfaced, the City Engineer shall notify all interested utility companies and adjacent property owners and direct that any improvements requiring pavement openings or cuts be made before completion of such new construction, new paving or resurfacing.
 
   (b)   No new street surface construction may be reopened within three years after completion of such new construction, except on payment of a penalty fee, in addition to the regular permit fee, and by special permission of the City Engineer. For right of way work in newly constructed, repaved, or resurfaced, the pavement opening costs shall double.
   The penalty fee charge may be waived upon appeal to Council and passage of a resolution by Council granting such waiver.
(Ord. 2-06. Passed 1-17-06.)