A. Deposit Or Letter Of Credit Required: To assure the city that said street, sidewalk, curb, or alley, or other public grounds shall be replaced, repaired, and put back in the condition in which they were prior to the granting of said permit, no permit shall be granted except to a bonded contractor. If the excavation work to be performed is substantial, in the judgment of the director of public works, the director shall refer the permit to the city council, who shall, as further condition to the granting of a permit, require that the applicant or contractor deposit with the city such a sum of money or letter of credit as will, in the opinion of the director of public works, repair, replace or put said street, sidewalk, curb, alley, roadway, or other public grounds back in the condition in which they were before said excavation was made or said work performed. (1974 Code § 805.01; amd. 2008 Code)
B. Return Of Deposit: Upon the certificate of the director of public works that said street, sidewalk, curb, alley, roadway or other public grounds have been repaired, replaced and put back in the condition in which they were prior to the granting of the permit for the excavation or performance of said work, and that the same have been maintained in such condition for a period of six (6) months after completion of the same, the said deposit shall be returned to the depositor; provided, however, that if said period of six (6) months shall terminate within the months from November to March, said deposit shall not be returned prior to July 1 following. In the event, however, that the person in whose name said permit is granted, or anyone in his behalf, fails, neglects or refuses to repair and replace said street, sidewalk, curb, alley, roadway or other public grounds, or to put the same back in as good condition as it was prior to the making of said excavation or performance of said work, then the cost and expense the city has been put to because thereof, shall be deducted from said deposit, and the surplus, if any, shall be returned to the depositor. If, however, the deposit shall be insufficient to reimburse the city for such cost and expense, then the city may recover any deficiency from the person in whose name said permit is granted, and shall refuse to grant another permit to such person until such deficiency has been paid. (1974 Code § 805.01)