(a) (1) All street surfaces, curbs, gutters, sidewalks, or areas located between the sidewalk and the gutter or any unimproved area opened up, removed, or damaged shall be replaced and repaired by such licensee to the satisfaction of the Director of Department of Public Works. Upon completion of the work, the licensee shall notify the Director of Department of Public Works of its completion and the Director of Department of Public Works shall make an interim inspection thereof. If such work is satisfactory to the Director of Department of Public Works, he shall notify the licensee. The street opening bond posted shall be retained by the City for a period of twelve months thereafter, provided however, that, at the request of licensee, if the Director of the Department of Public Works or his designee inspects the street opening prior to completion of restoration and the restoration is done according to specifications established by the City as certified by the Director or his designee, the deposit shall be returned to the licensee within seven days of this certification.
(2) If, during the course of the following twelve months, the restoration of such opening sinks, settles, or otherwise becomes unsatisfactory, the Director of Department of Public Works shall immediately notify the licensee who shall forthwith cause necessary corrective work to be performed or shall forfeit the deposit or bond. After such licensee has fully performed its obligation hereunder and such opening remains in good condition six months after the interim inspection as determined by the final inspection by the Director of Department of Public Works, such bond or deposit will be returned to such licensee, if it has not previously been returned as set forth above. (Ord. 38-2000. Passed 11-21-00.)
(b) The license in accepting and acting under a street opening permit thereby agrees to assume full responsibility for injury or damage to persons or property incurred because of any settlement of a restored area or by the performance of any excavation work, and further agrees to pay all costs involved in reconditioning such areas. Notwithstanding any of the foregoing provisions of this section, if any settlement in a restored area occurs within a period of six months from date of completion of the permanent restoration it shall be considered as conclusive evidence of defective back-filling or restoration and any expense incurred by the City in correcting such settlement shall be paid by the licensee as additional consideration for the granting of the permit to make such opening. Nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized by the issuance of any permit or the approval of any excavation work.
(1993 Code 97.05)