(Based on Sec. 9, Ord. No. 29,121, Eff. 3/18/14.)
Whenever any person having steam, electric, interurban or street railroad tracks upon or across any street that has already been paved with asphalt, vitrified brick, stone blocks, or other permanent pavement, shall desire to replace the rails of such tracks, or ties, or both, with new rails or ties, or both, such person shall, before commencing such work, give written notice to the Board of his intention so to do. Thereupon the Board shall cause an inspection to be made of the portion of the street where it is so proposed to do such work or replacement; and if upon such inspection, the Board shall find that the pavement thereof or the tracks or the roadbed thereof, where it is proposed to do such work, has not been constructed in conformity with the provisions of Sections 62.119 to 62.128 inclusive, the Board shall, by resolution, order said person to reconstruct such tracks and roadbed and any part thereof, and to repave the said portion of such street in the same manner as provided in Sections 62.119 to 62.128 inclusive. The Board shall, in such resolution, fix the time within which the work therein described shall be done and shall cause a copy of such resolution to be served upon such person. Such service shall be made, proved and a record thereof kept, in the same manner provided for the service of the resolution mentioned in Section 62.125. The time specified in the order may be extended by the Board, for good cause, upon written application made by such person prior to the expiration of such time. If the Board shall find, upon such inspection, that the roadbed where it is proposed to lay such new rails or ties has been ballasted with broken stone or screened gravel, nothing herein contained shall be construed to prevent the Board at its discretion, from not requiring such roadbed to be reconstructed. If the distance for which such person shall desire to replace such rails, or ties, or both, shall be less than one hundred and fifty (150) feet, the Board may, at its discretion, grant a special permit to use such paving material in the work as the Board may prescribe; and if such permit is granted, all work or paving and repairing thereunder shall be done under the instruction and to the satisfaction of the Board.
Any person served with a copy of said resolution, as herein provided, is hereby required to prosecute the work specified therein diligently to completion within the time so fixed and stated therein, or within such time as may be extended by the Board.