§ 104.35 PERMIT REQUIRED; BOND AND FEE.
   (A)   Before any individual, contractor, association or corporation shall dig into any street, alley, sidewalk, or way within the city, it shall be the duty of such individual, contractor, association or corporation to make an application for a permit therefor to the City Manager or other person designated by him and to post a good and sufficient bond with surety thereon to be approved by the City Manager or other person designated by him. The application for the permit shall be accompanied by a print or sketch showing the locations and scope of the excavation to be performed.
      (1)   The condition of such bond shall be that such individual, contractor, association or corporation shall restore such street, alley, sidewalk, or way to the same condition as existed before such excavation, and the bond shall be in such amount as may be determined by the City Manager or other person designated by him, as equal to the cost of repairing such street, alley, sidewalk or way.
      (2)   At the conclusion of such repairs, the City Manager, or other person designated by him, shall be notified so that proper inspection can be made. Upon repair of any such street, alley, sidewalk or way to the same condition as existed before such excavation, and upon approval of the repairs by the City Manager or other person designated by him, the applicant shall be released from such bond.
      (3)   Notwithstanding anything in this section to the contrary, no public utility company shall be required to post a bond if said company shall have on file with the City Manager a continuing indemnity agreement conditioned as provided in this section.
('72 Code, § 29-27)
   (B)   The applicant shall pay a fee for said permit based upon the charge for building permits issued by the Department of Planning and Development Services based only on the estimated cost of such excavation. (‘72 Code, § 29-28)
(Ord. 1094, passed - - ; Am. Ord. O-2011-15, passed 5-4-11) Penalty, see § 10.99