1040.09 EXCAVATIONS.
   (a)   Supervision. At least forty-eight hours before opening or excavating in any street, alley or public place for the purposes under this chapter, except in cases of emergency, and except for service connection installations as provided for in this chapter, the person to whom a permit is granted pursuant to this chapter shall notify the Department of Public Works and Public Services, in writing, of such desire, stating the number of the permit and the date of issuance thereof. In the opening and refilling of all openings and excavations, and in the relaying of the pavement and other work necessary to the complete restoration of the street, pavement, sidewalks or grounds to an equally good condition as when disturbed, the person or his or her servants or employees shall be under the supervision of the Superintendent of Public Works or his or her authorized agents, and shall promptly comply with any order of the Superintendent, or his or her agents or Council in reference thereto. No street, avenue or public place shall be allowed to remain open or encumbered for a longer period than shall have been authorized to execute the work for which the same has been opened. The Superintendent or Council may extend the period allowed for the completion of such work for such time as he, she or it deems necessary and advisable, upon proper application therefor.
(1979 Code Sec. 13.28.090)
   (b)   Refilling. The earth removed in making such excavation shall be restored. However, where pavement has been broken, no debris, broken concrete or noncompatible substance shall be used in such refilling. The pavement shall be relaid by such person in as good a condition as before the making of such excavation, and thereafter such pavement shall be maintained in as good a condition as the surrounding pavement until the street or alley is repaved. No excavation in any street, alley or public place shall be allowed to remain open or be encumbered for a longer period than is necessary to execute the work for which the same is made.
(1979 Code Sec. 13.28.100)
   (c)   Expenses of Restoration; Payment. The cost of restoring the earth or other cost arising from such excavations and the relaying of the pavement, and the repairs thereto caused by the opening of any such street, alley or public place, shall be at the expense of the person, and the work shall be done under the supervision of the Superintendent. The expense of such supervision shall be paid by the person on presentation of bills certified by the Superintendent, and any expense to which the City shall be put from the neglect of the person or his or her employees in the doing of any work, or the doing of the same in any unworkmanlike manner; the digging of ditches or holes and the erection of poles; the restoration of the earth or any excavation; or the relaying or replacing of any pavement, shall be paid in like manner by the person on presentation of the bill of costs certified by the Superintendent. The person shall promptly pay all bills for labor and material, supervision, etc., incurred and for restoring any pavement or surface disturbed by the person. If the bills properly certified by the Superintendent remain unpaid for thirty days after the presentation to the person, thereafter, such person shall not be entitled to receive any permit as provided in this chapter while such person remains in default in the payment of such bills. In such case, the Superintendent shall promptly report the facts in each such case to Council for such action by Council as it deems advisable.
(1979 Code Sec. 13.28.110)