(a) No person shall open, undermine or remove any pavement or surface in any public street, alley, way, right-of-way, easement, or other ground owned or under the control of the City, until such person has first obtained a permit or waiver thereof from the City Engineer or his/her designee. The person seeking such permit or waiver shall make application therefore on a form and in such manner as prescribed by the Director of Public Safety/Service, and in accordance with the rules and regulations for street openings as promulgated and published by the City Engineer.
(b) Upon completion and inspection of the surface restoration, each applicant for a permit required by this section shall further post with the City a maintenance guarantee bond in an amount established by the rules and regulations for street openings as promulgated and published by the City Engineer.
(c) As soon as is practicable after its opening, each opening on any public street or public ground shall be filled, and its surface restored and inspected by the City Engineer or his/her designee. Said restoration shall be performed by the applicant, at the applicant's expense, in accordance with the specifications outlined by the City and the rules and regulations for street openings as promulgated and published by the City Engineer. In the event that the opening is not satisfactorily restored by the applicant, the surface shall be restored by the City and the cost of such restoration shall be charged to and paid by the applicant. Any such cost, so assessed, shall be paid by the applicant no later than 30 days after the restoration work has been completed by the City. In the event such payment is not made by the applicant within the aforesaid 30-day period, the cost of such surface restoration shall be charged against the guarantee bond given by the applicant pursuant to division (b) of this section. The applicant shall remain liable for the payment of any unpaid amount of such restoration cost in excess of the amount of the required guarantee bond.
(Ord. 91-16. Passed 2-5-91; Ord. 04-47. Passed 5-4-04; Ord. 08-112. Passed 11-18-08.)