909.03 PREREQUISITE TO GRANTING OF PERMIT; CASH DEPOSIT OR BOND.
   (a)   No excavation permit shall be granted unless it appears to the satisfaction of the Director of Public Works, that the excavation is necessary for the health, safety or welfare of the person upon whose behalf the excavation is to be made, and the connection of property to a public utility, City street or drainage components shall be deemed sufficient under this subsection.
   (b)   No excavation, abutment or street cut permit shall be granted until the applicant has paid the full amount of fifty cents per linear foot, for utility excavations, street cuts and abutments. Major excavation projects will be required to be bonded as deemed necessary by the Mayor, City Administrator or the Director of Public Works. The bond amount will be determined by the Mayor, City Administrator or the Director of Public Works sufficient to cover the cost of safeguards, disposal of excavated dirt, etc., and restoration of the surface of the place of excavation to as good condition as it was prior to making the excavation. Each such bond shall be payable to the City, shall have corporate surety, shall be approved by the City Attorney, and shall be conditioned that the work be diligently and skillfully prosecuted (subject to foreseeable circumstances beyond control of the person doing the work), that all necessary safeguards be maintained, that all excavated materials not required for refill be disposed of as provided in this article, that the surface of the place of excavation and not less than ten feet in all directions from the outer perimeter thereof be placed in as good condition as it was immediately prior to the commencement of the work and to the reasonable satisfaction of the Mayor, City Administrator or the Director of Public Works that all requirements of this article be complied with, and that any defective work which appears within five years from the day of acceptance of restoration by the Mayor shall be subject to repair by the City at the expense of the permit holder.
(Ord. 200. Passed 3-17-09.)