§ 97.44  RESTORATION OF SURFACE.
   (A)   The permittee shall restore the surface of all streets, broken into or damaged as a result of the excavation work, to its original condition in accordance with the specifications of the City Engineer. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place and this fill shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restoration and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the City Engineer. If in the judgment of the City Engineer it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions he may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation to remain until such time as the repair of the original pavement may be properly made.
   (B)   Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the City Engineer to restore the street to its original and proper condition, or as near as may be.
   (C)   Acceptance or approval of any excavation work by the City Engineer shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The City Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibility hereunder.
('69 Code, § 18-60)  Penalty, see § 10.99