(a) No permit required by Section 1024.01
shall be issued which would allow an excavation or opening in any paved or improved street or alley or sidewalk, the surface of which has been improved within a five year period preceding the date of permit issuance, unless there has first been paid to the City a surcharge which shall be in addition to the usual permit fee. The surcharge shall be equal to 50 percent of the usual permit fee for an opening if the street or alley or sidewalk has been improved within the preceding five years and 75 percent if the improvement was made within the preceding two years, except that for any excavation or opening in excess of 50 feet in length in a paved street which has been surfaced within the preceding five years, the surcharge shall be an amount sufficient to resurface the street full width for the entire length of the opening.
(b) The resurfacing shall be of a type determined by the Director of Public Works or his or her designee, but in no case shall the basis for the additional surcharge exceed the cost of resurfacing to a thickness of one inch. The additional surcharge shall be reduced by 20 percent for each year since the street has last been surfaced. Utility companies shall also pay the above surcharges based on City restoration costs.
(c) The permit applicant may request waiver of the additional fee but not the minimum/base fees outlined in the rate schedule, if he or she can prove that the work requiring excavating, cutting, tunneling under or other activities that would otherwise disturb the street, highway or sidewalk are (1) of an emergency nature, or (2) permit applicant could not have been aware of the subsurface conditions that triggered the need to carry out excavation, cutting, tunneling under or other activities that otherwise triggered the need to carry out excavation, cutting, tunneling under or other activities that would otherwise disturb the street, highway or sidewalk when notified by the City prior to being notified by the City or the owner of the sanitary sewer collection system. All quantities of paving surface shall be determined by measurements made by the inspector or other employee assigned to do such work by the Director of Public Works or his or her designee.
(Ord. 5288. Passed 6-10-20.)