(A) (1) When a permittee, or any person acting on his or her behalf, does any work in or affecting any public rights-of-way or city property, it shall, at his or her own expense, promptly restore such ways or property to as good an order and condition as existed prior to the work, unless otherwise directed by the city.
(2) Repairs guaranteed by permittees shall meet all of the following conditions in order to remain in conformance with this chapter:
(a) The entire area shall be free from delamination of the approved surface material;
(b) No distortion of one-half inch or greater shall exist over more than 5% of the total surface area of the repair;
(c) No cracks of one-quarter inch or greater shall exist in the surface or edges of the repair totaling more than 5% of the repair perimeter; and
(d) Distortion conditions over one inch may necessitate that full repairs be completed within 24 hours of notification by the city.
(3) Unless otherwise provided in an unexpired franchise agreement, the permittee shall, for a period of five years thereafter, be fully liable for all defects in materials and workmanship relating to such construction or restoration.
(B) (1) If weather or other conditions do not permit the complete restoration required by this section, the permittee shall temporarily restore the affected rights-of-way or property.
(2) Such temporary restoration shall be at the permittee’s sole expense, and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(C) (1) If the permittee fails to restore rights-of-way or property to good order and condition, the city shall give the permittee written notice and provide the permittee a reasonable period of time not exceeding 30 days to restore the rights-of-way or property.
(2) If, after notice, the permittee fails to restore the rights-of-way or property to as good an order and condition as existed before the work was undertaken, the city shall cause such restoration to be made at the expense of the permittee.
(D) A permittee or other person acting on its behalf shall use suitable barricades, flags, flagging attendants, lights, flares, and other measures as required for the safety of all members of the general public, and to prevent injury or damage to any person, vehicle, or property by reason of such work in or affecting such rights-of-way or property.
(Ord. 557-2019, passed 12-9-2020)