A. Any person making a street or alley opening that requires subsequent restoration of the surface, curb and gutter, or sidewalk, shall warrant the quality and durability of the restoration for two (2) years after acceptance by the public works department of the completed restoration to all portions of the right of way disturbed by the opening, including the road surface, curb and gutter, and sidewalk, and the proper disposal of all waste material.
B. Upon failure of a right of way restoration during the warranty period, the public works director will notify the person who provided the warranty of the failure. A restoration failure has occurred when any part of the restored surface has fallen or heaved by more than one-half inch (1/2") above or below the adjacent surface, or the restored surface has internal or external cracking or deterioration to the extent the structural integrity of the restoration is compromised. Immediately upon receiving notice, the person who provided the warranty shall secure the failed site and provide adequate barricading and warning signs to protect the public. That person shall then commence repair to the failed site by the next working day. If the repair is not timely made, the public works department may make the necessary repairs and the person failing to do the repair shall reimburse the city for all material and direct and indirect labor costs expended in making the repair. If the person fails to reimburse the city for the material and labor costs within thirty (30) days of the date of the notice requesting payment, that person may be barred from receiving future street and alley opening permits. (Ord. 3013, 2-14-2005)