1020.02   PERMIT FEE; GUARANTEE BOND; RESTORATION.
   (a)   Each applicant for a permit required by Section 1020.01 shall pay a non-refundable permit fee to the Director of Public Safety and Service of fifty dollars ($50.00).
   (b)   Each applicant for a permit required by Section 1020.01 shall further post with the City a maintenance guarantee bond or approved letter of credit in an amount as established by the rules and regulations for the openings of a public street, alley, way, right-of-way, easement or other grounds, as promulgated and published by the City Engineer.
(Ord. 91-16.  Passed 2-5-91; Ord. 08-112.  Passed 11-18-08; Ord. 10-42.  Passed 6-15-10.)
   (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, by the applicant at the applicant's expense, under the supervision of the Street Superintendent and in accordance with the rules and regulations for street openings as promulgated and published by the City Engineer. In the event that the opening shall not be restored by the applicant within three days, or such other date established by the Director of Public Safety and Service, the surface shall be restored by the City and the cost thereof shall be charged to and paid by the applicant. Any such cost, so assessed, shall be paid by applicant not 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 applicant pursuant to division (b) of this section.
(Ord. 91-78. Passed 9-17-91; Ord. 03-97. Passed 9-16-03; Ord. 04-47.  Passed 5-4-04.)
   (d)   (EDITOR'S NOTE:  Division (d) of this section was repealed by Ordinance 93-172, passed November 2, 1993.)
   (e)   Public utilities and private contractors who or which reasonably anticipate that each such utility or contractor shall be required to make more than one street opening in a calendar year, may be relieved from the responsibility of posting individual  maintenance guarantee bonds for each street opening by doing the following:
      (1)   When, in the opinion of the Director of Public Safety and Service, the cost of providing an individual guarantee bond for each street opening would work an undue and unreasonable financial hardship to a private contractor or public utility, the Director of Public Safety and Service may allow such public utility or private contractor to post a single, annual maintenance guarantee bond, or other suitable evidence of surety, as determined by the Law Director, in lieu of an individual maintenance guarantee bond, said single, annual guarantee to be in an amount as follows:
         A.   Public utilities: Forty thousand dollars ($40,000), which guarantee shall constitute the required maintenance guarantee for not more than 20 surface restorations within a calendar year.
         B.   Private contractors:  Twenty thousand dollars ($20,000), which guarantee shall constitute the required maintenance guarantee for not more than ten surface restorations by each such private contractor within a 12-month period.
      In the event that the actual number of surface restorations to be performed by an individual public utility or private contractor exceeds the aggregate annual limits of 20 for a public utility or ten for a private contractor, the affected public utility or private contractor shall post an individual maintenance guarantee bond, as provided herein, for each surface restoration in excess of the applicable aggregate annual limit to be performed during the balance of such year, or such public utility or private contractor may post an additional annual maintenance guarantee bond in the amount set forth in division (e)(1)A. and B. of this section, which additional one-year maintenance guarantee bond shall, thereupon, constitute the required maintenance guarantee for an additional amount of surface restorations for the balance of the calendar year, as set forth in such divisions.
      No such maintenance guarantee bond or other surety required hereunder shall be written so as to terminate sooner than 12 months after the date of the completion of the final surface restoration anticipated by such maintenance guarantee bond or other surety.
      In the event that the required surface restoration is not made by the public utility or private contractor, in accordance with the provisions of division (c) of this section, the City shall complete such surface restoration and the cost thereof shall be charged to and paid by the public utility or private contractor not later than 30 days after the surface restoration work has been completed by the City. In the event such payment is not made by the public utility or private contractor within the aforesaid 30-day period, the surface restoration cost shall be charged against the guarantee bond or other surety given by the public utility or private contractor. Whenever, as the result of charges made against such bond or surety, the remaining balance of such bond or other surety is 50% or less of its original amount, as above-stated, such public utility or private contractor shall submit a renewal guarantee bond or other surety in the maximum required amount of such guarantee bond or other surety, as provided above.
(Ord. 96-23. Passed 2-20-96; Ord. 01-86.  Passed 6-19-01; Ord. 01-101.  Passed 5-17-01.)
      (2)   Nothing hereinbefore contained shall prohibit the Director of Public Safety and Service from requiring the posting of bonding in excess of the limits hereinbefore stated, when in the sole and absolute discretion and determination of the said Director that the scope and circumstances involved in a proposed opening shall warrant to posting of such additional bonding amount.
(Ord. 03-97. Passed 9-16-03; Ord. 07-92.  Passed 8-7-07.)