(A) Timing. The work to be done under the right-of-way permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under § 90.17.
(B) Patch and restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself.
(1) City restoration. If the City restores the right-of-way, permittee shall pay the costs thereof within 30 days of billing. Upon receipt of the right-of-way permit application, the City Engineer shall cause investigation to be made as he or she may deem necessary to determine estimated cost of repair, such as backfilling, compacting, resurfacing and replacement, and the conditions as to the time of commencement of work, manner of procedure and time limitation upon the excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of the investigation shall be included in the estimate. Payment of the estimated costs shall be made before the permit is issued. If, following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with correcting the defective work.
(2) Permittee restoration. If the permittee restores the right-of-way itself, all construction and reconstruction of roadway surfacing, sidewalk and curb and gutter improvements, including curb cuts, shall be strictly in accordance with specifications and standards on file in the office of the City Engineer and open to inspection and copying there. The specifications and standards may be amended from time to time by the city, but shall be uniformly enforced.
(C) Sidewalk, curb and gutter; construction. Methods of procedure:
(1) Primary responsibility. It is the primary responsibility of the owner of property upon which there is abutting any sidewalk to keep and maintain that sidewalk in safe and serviceable condition.
(2) Notice; no emergency. Where, in the opinion of the City Engineer, no emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. The notice shall require completion of the work within 90 days, and shall be mailed to the owner or owners shown to be owners on the records of the county officer who mails tax statements.
(3) Notice; emergency. Where, in the opinion of the City Engineer, an emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. The notice shall require completion of the work within ten days, and shall be mailed to the owner or owners shown to be owners on the records of the county officer who mails tax statements.
(4) Failure of owner to reconstruct or make repairs. If the owner of the abutting property fails to make repairs or accomplish reconstruction as herein required, the City Engineer shall report that failure to the Council and the Council may order the work to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment.
(5) Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter in accordance with this section if advance payment is made therefor or arrangements for payment considered adequate by the city are completed in advance.
(6) With or without petition by the methods set forth in the Local Improvement Code, M.S. Ch. 429, as it may from time to time be amended.
(D) Curb setback.
(1) Permit required. It is a misdemeanor for any person to hereafter remove, or cause to be removed, any curb from its position abutting upon the roadway to another position without first making application to the Council and obtaining a permit therefor.
(2) Agreement required.
(a) No permit shall be issued until the applicant, and the abutting landowner if other than the applicant, shall enter into a written agreement with the city agreeing to pay all costs of constructing and maintaining the setback area in at least as good condition as the abutting roadway, and further agreeing to demolish and remove the setback and reconstruct the area to its previous condition at the expense of the landowner, or his or her heirs or assigns, if the area ever, in the city's opinion, becomes a public hazard.
(b) This agreement shall be recorded in the office of the County Recorder, and shall run with the adjoining land.
(3) Signposting. "Angle Parking Only" signs shall be purchased from the city and erected and maintained at the expense of the adjoining landowner in all setback areas of this type now in use or hereafter constructed. It is unlawful for any person to park other than at an angle in these setback areas, as angle parking is described and allowed in this Code.
(4) Public rights preserved. Setback parking areas shall be kept open for public parking, and the abutting landowner shall at no time acquire any special interest or control of or in these areas.
(E) Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100.
(F) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under § 90.17.
(G) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily complete all restoration required by the city in a timely manner, the city at its option may do such work. In the event that work is not performed in accordance therewith, or shall cease or be abandoned without due cause, the city may, after giving notice to the holder of the permit of its intention to do so, correct the work, fill the excavation and repair the public property, and the cost thereof shall be paid by the person holding the permit.
(H) Cost adjustment. Within 60 days following completion of the permanent repairs, the City Engineer shall determine actual costs of repairs, including cost of investigation, and prepare and furnish to the permit holder an itemized statement thereof and claim additional payment from, or make refund (without interest) to, the permit holder, as the case may be.
(I) Alternate method of charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the city may charge on the basis of surface square feet removed, excavated cubic feet or a combination of surface square feet and excavated cubic feet, on an established unit price uniformly charged.
(Ord. 18-0783, passed 6-26-2018; Ord. 19-796, passed 3-26-2019)