Before proceeding with the construction, enlargement, alteration, repair or removal of any building or other structure, in the construction of which it is desired or made necessary to drive across any curb, tree lawn or sidewalk, the owner shall construct and maintain a plank driveway, to the approval of the Building Commissioner, across and over such curb, tree lawn or sidewalk, so that the same shall not be injured or damaged. Before such plank driveway is constructed and at the time of securing a permit for the construction, enlargement, alteration, repair or removal of any building or other structure, the owner or his or her agent, when requested by the Building Commissioner, shall deposit with the Building Commissioner the sum of one thousand dollars ($1,000) as a guarantee that the plank driveway will be constructed and maintained, that all refuse, rubbish and material deposited or allowed to remain upon the site of such building or any other public or private real estate within the City in the course of such work, will be removed, that if any curb, tree lawn or sidewalk, either at such building site or elsewhere within the City, is disturbed or broken, in the course of such work, the same will be replaced at the cost and expense of the owner, and that upon failure to perform any of the things so guaranteed to the satisfaction of the Building Commissioner, the Commissioner shall have such work performed and shall pay the cost and expense thereof out of the funds so deposited, and in the event the sum so deposited is not sufficient to pay such cost and expense, the owner shall be liable to the City for any balance. However, if the thing so guaranteed is performed to the reasonable approval of the Commissioner, the Commissioner shall deduct from the deposit a fee of twenty-five dollars ($25.00) for the performance of the work required by this subsection and shall return the balance of such deposit to such owner, subject to the other provisions of this section, and any part of such deposit remaining after the completion by the Building Commissioner as above provided of any of the things so guaranteed, shall be returned to such owner. All replacements of curb or sidewalk shall meet engineering specification and approval and notice shall be given to the Building Commissioner before such replacements are installed. The Commissioner may order any replacements removed which do not comply with the requirements and have proper replacements made at the expense of the owner. If no such deposit is requested by the Commissioner, the Commissioner shall require such owner to deposit with such Commissioner a fee of one hundred dollars ($100.00) for the purposes hereinbefore set out, and shall require such owner to execute in writing an agreement to comply with all the requirements of this section. On the completion of the work the owner or his or her agent shall notify the Building Commissioner to make an inspection of the premises to determine whether the deposit shall be refunded. The Building Commissioner shall make such inspection promptly. If, due to the neglect of the owner, agent or contractor, it becomes necessary to make more than one inspection before authorizing a refund of the deposit, a fee of twenty-five dollars ($25.00) shall be charged for each inspection after the first. The Building Commissioner shall make all proper deductions and refund any balance of any deposit or collect any deficiency.
(Ord. 87-19. Passed 4-6-87.)