(A) Materials and methods used for backfilling and restoring surfaces of streets or alleys which are cut or excavated pursuant to a valid permit issued per § 100.02 shall be in accordance with "Construction Standards: Streets" on file in the office of the City Clerk-Treasurer and City Engineer. "Construction Standards: Streets" are adopted and incorporated herein by reference as part of this chapter.
(B) Temporary surface restoration may be made utilizing bituminous cold mix (cold patch) to the top of the cut, with same being compacted by a mechanical tamper. Any cut so repaired shall be permanently repaired by removing the cold mix to a depth of at least 1-1/2 inches below the adjoining road surface and permanently repairing the cut as set forth in division (A) above.
(C) Permanent restoration of all cuts shall be made within 30 days of the temporary repairs except that cuts made between November 10 and April l need not be permanently repaired until June l.
(D) The permit holder shall notify the City Engineer's office within seven business days of completion of permanent restoration in order that an inspection of the repair may be performed.
(E) Maintenance of cuts and repairs to cuts made pursuant to this shall be the responsibility of the permit holder for one year after the date of inspection of final restoration of the cut or one year after inspection of any repair of cut, whichever occurs later. If, during any one-year period the cut or repair is deemed by the City Engineer or the Engineer's designee to no longer meet acceptable standards of restoration due to settling, heaving, or other causes, the permit holder shall be notified in writing of the needed or additional repairs and shall make needed repairs or additional repairs within ten days of receipt of the notice. A shorter period of time in which to complete repairs may be specified if, in the opinion of the City Engineer, the failed cut is deemed to pose a significant danger to the traveling public. If the permit holder fails to make specified repairs within the allotted time period, the City Engineer may direct city employees to make, or cause to be made, the necessary repairs, and the permit holder shall be billed for the full repair costs including, but not limited to, materials, labor, and supervisory costs. Upon failure of the permit holder to pay the sum billed within 30 days, then the city may file suit against the permit holder so billed in a court of competent jurisdiction to collect the amount due.
(Ord. 26-C-86, passed 10-17-86) Penalty, see § 100.99