(A) An application for a permit to excavate or fill must be signed by the owner of the land upon which the fill or excavation is to be made or by his or her authorized agent, and filed in duplicate with the Town Clerk, who shall forthwith deliver one copy to the Superintendent of Streets for action by him or her or his or her deputy.
(B) The application, in addition to any information required by the Superintendent of Streets, shall set forth the following:
(1) The name, identity and address of the owner;
(2) The name, identity and address of the contractor or other person who is to perform the work of excavation or fill;
(3) A description and the location of the property involved;
(4) A statement of the exact nature of the proposed excavation or fill, indicating the slope of the sides and the level of the finished surface, the type of earth or material to be moved, the method, manner and equipment to be used in the accomplishment of the work and the disposition of material of the site;
(5) A proposed time of commencement of work after issuance of the permit, and estimated date of completion;
(6) An agreement on the part of the applicant, to be effective for a period of two years from and after the date of completion of the excavation or fill, to indemnify the town and hold the town harmless against all damages which may arise out of or by virtue of any such excavation or fill, including any damage to public streets or equipment, and containing a covenant that the applicant will forthwith remove from and clean any public streets of any dirt, rock, debris or other material from any excavation or fill that may be carried down by rainwater or other means to and upon public streets. In the event of the sale of the property involved, during the period of the aforementioned contract, the applicant shall require the new owner to subscribe to all obligations under the contract;
(7) A description of all easement rights in the land to be excavated or filled, with names and addresses of each owner of any rights in and to the land, and proof of service upon each of the owners of notice of pendency of application for excavation or fill;
(8) An agreement to indemnify and hold harmless every owner of any interest in land to be excavated or filled against any loss or damage by reason of the excavation or fill, by completion bond or other security or agreement satisfactory to the owners of other interests or to the Superintendent of Streets; and (Upon demand of the owner of any interest in property affected or upon the demand of the Superintendent of Streets, a completion bond, in an amount to be fixed by the Superintendent of Streets, shall be made a part of the application.)
(9) An agreement that if the excavation or fill is not completed in accordance with plans and specifications therefor and the permit issued, then the work may be completed by the Superintendent of Streets and the cost thereof to be paid by owner applicant and until paid the costs shall constitute a lien upon the real property of the applicant.
(Prior Code, § 12.20.030)