§ 98.18  RESTORATION OF RIGHT-OF-WAY.
   (A)   After completion of any work within the right-of-way, a permit holder shall return all flowlines and grades in the right-of-way to their original condition and shall complete restoration, which shall include, but not be limited to:
      (1)   Replacing all ground cover with equal to the type of ground cover damaged during work, or better either by sodding or seeding, as directed by the city.
      (2)   Installing of all manholes and handholes, as required.
      (3)   Backfilling all bore pits, potholes, trenches or any other holes, unless other safety requirements are approved by the city.
      (4)   Leveling of all trenches and backhoe lines.
      (5)   Restoring the excavation site to city specifications.
      (6)   Restoring of all landscaping, ground cover, and sprinkler systems.
      (7)   Removing all locate flags during the cleanup process.
   (B)   A permit holder shall complete restoration to the satisfaction of the city within 30 calendar days after completion of the work, unless otherwise extended by the city. All damage caused directly or indirectly to the public right-of-way surface or subsurface outside the pavement cut or excavation area will be regarded as a part of the pavement cut or excavation and must be included in the total area repaired. If repaired by the city, the permit holder shall reimburse the city for the actual direct and indirect costs of the repair.
   (C)   Should the city determine, within two years from the date of the completion of the repair work, that there is a defect or damage in the permitted construction, the permit holder responsible for the original or any subsequent restoration shall perform such restoration work to the reasonable satisfaction of the city. The damage or defect must be corrected to the satisfaction of the city within ten days after the city gives notice to the permit holder to correct the damage, defect, or other problem.
   (D)   Notwithstanding division (C) above, if the city determines that the failure of a permit holder to properly repair or restore the right-of-way constitutes a safety hazard to the public, the city may, after providing notice to the permit holder, undertake emergency repairs and restoration efforts. A permit holder shall promptly reimburse the city for all costs incurred by the city within 30 calendar days from the date of the city's invoice.
   (E)   If a permit holder fails to perform necessary restoration in accordance with the requirements of this section, all work in progress, except that related to the problem, which has been permitted but not complete may be halted and the city may place a hold on any permits not approved until all restoration is complete.
   (F)   The city shall notify the permit holder if the backfill on a permitted construction settles at any time during the two-year maintenance period required in division (C) of this section, causing subsidence in the pavement of one-half inch or more, vertically measured in any three-foot horizontal direction. Upon notification, the permit holder shall schedule appropriate repair work and promptly notify the city of the anticipated dates of commencement and completion of the repair work. If the repair work is not commenced or completed within the agreed-upon time schedule, or if no response is received by the city within 24 hours after notification to the permit holder, the repair work may be performed by the city. The permit holder shall reimburse the city for the actual direct and indirect costs of any repair work performed by the city.
(Ord. 1018-2, passed 2-11-2019)