(a) The opening and restoration of a pavement, sidewalk, curb, driveway or other surface shall be performed under the direction and to the satisfaction of the City Engineer, and in accordance with rules, regulations and specifications approved by Council.
(b) All restoration work outside of a paved area shall require seed and mulch, hydroseeding or sod replacement and shall be performed to the satisfaction of the City Engineer. The restoration work will not be deemed to be completed and the performance bond shall not be released until a full stand of grass is established over the disturbed area. Sediment and erosion control devices shall be installed to protect adjacent properties as well as the city’s rights-of-way from the effects of sediment and erosion.
(c) Upon failure or refusal of the permit holder to satisfactorily fill the excavation, restore the surface and/or remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the city may declare that the work has not been properly performed and may proceed without notice to complete the restoration of the property. In that case, the city may call upon the performance bond required under § 931.04. The city shall use the funds to complete the restoration of the right-of-way. If additional funds remain after the restoration is complete, the remaining funds shall be remitted to the permit holder. If the amount of the services performed by the city should exceed the amount of the performance bond the City Manager or other proper administrative officer shall proceed to collect the remainder due from the permit holder.
(Ord. 99-66, passed 4-26-1999)