(A) No person, firm, corporation or other entity shall use construction equipment on or near paved streets within the city which use may result in damage to or cutting of paved street surfaces, adjacent rights-of-way, easements, common areas or utilities installed therein without having previous to beginning of such use of construction equipment obtained a permit from the City Commission.
(B) No permit shall be issued for construction or repair work through the use of construction equipment on or near paved street surfaces, adjacent rights-of-way, easements, common areas or utilities installed therein, which use may result in damage to or cutting of paved street surfaces, or other damage as set out in division (A) of this section unless the applicant for a permit executes a written agreement to repair and restore the affected area in a manner and according to acceptable standards of road engineering or, as to damage other than to the paved road surface, in a commercially reasonable manner and, further provided, that the applicant shall post a bond in cast or its equivalent with the city in an amount to be set by the City Commission or its expert advisor in an amount estimated by the City Commission or its expert advisor to be 110% of the cost of the city of rebuilding, repairing or repaving the affected area in the event of default by the holder of a permit.
(C) Permits shall be issued by the City Clerk with the advice and consent of the members of the City Commission and in accordance with the foregoing requirements. Such permits shall specify the beginning and ending date of construction and the date by which repair or repaving will be completed, and will specifically describe the location and portion of any street or streets to be affected by use of construction equipment. In the event the repaving or repair work required by the permit is not completed within 30 days of the time specified in such permit, the aforesaid bond shall be forfeited to the city.
(D) The bond provided for in division (B) of this section shall be released at such time as the City Commission makes a determination that all rebuilding, repaving and other requirements of the permit have been completed.
(E) The requirements of this section shall not prohibit the City Commission from granting variances under circumstances which dictate such a disposition; provided, however, that a written determination of the reason for variances shall be made by the City Commission and incorporated in the minutes.
(Ord. 3-1997, passed 10-16-97) Penalty, see § 91.99