It shall be unlawful for any person to make or permit or cause to be made any excavation or opening in or under thepavement or other surface of any street after this code becomes effective, for any purpose whatsoever, within a period of 2 years from and after the time of construction of any such paving or resurfacing; provided, that the Superintendent of Public Works may, on account of an emergency affecting public health or public safety and public welfare, and which could not have been foreseen, suspend the operation of this 2-year rule, and in those cases, upon the granting of the permit, the work may be performed within the 2-year period. The failure or neglect of the applicant or other persons to do or have the work done before the 2-year period, or, the inconvenience, by reason of the failure or neglect, to property along the particular street or in the particular public place described in the application shall not be considered to be an emergency. The 2-year period shall be deemed to begin at the time of the completion and final acceptance by the village of any such construction, paving, resurfacing, or repaving.
(1984 Code, § 4.9) Penalty, see § 10.99