When any person desires to make an opening or excavation in or under the surface of any street, alley, sidewalk, or highway, such person shall make written application on a form to be prescribed by the Works Director for a permit to do such work. After the issuance of the permit the work allowed thereby shall be done within the time fixed by the permit and the surface of the street, alley, sidewalk, or highway shall be restored to as good condition as it was before such opening or excavation was made. The restoration shall be made with like materials to that which the street, alley, sidewalk, or highway is constructed. After the completion of the work allowed by such permit, the person to whom the permit was issued shall, within five days, report in writing to the Works Director that the work has been completed. The person to whom the permit was issued shall maintain the condition of the surface over such opening or excavation for five years in as good condition as the remainder of the street, alley, sidewalk, or highway and shall repair or reconstruct the surface as often as may be necessary. Should such person fail to maintain, repair, or reconstruct any such surface within ten days after notice from the Works Director, the Department may have such surface repaired or reconstructed and charge the cost of repair, including any costs associated with the use of any like materials used in restoration, to the person responsible therefor. Such person shall indemnify and save harmless the Metro Government against any claim for damages by reason of any defective condition of any such street, alley, sidewalk, or highway surface due to such construction, or by reason of any work so done, of whatever nature.
(1999 Lou. Code, § 94.17) (Lou. Ord. No. 28-1998, effective 3-15-1998; Lou. Metro Am. Ord. No. 195-2005, approved 11-16-2005) Penalty, see § 97.999