Before an excavation permit is issued, the applicant shall deposit with the Director of Finance a cash deposit in an amount between one thousand dollars ($1,000) and four thousand dollars ($4,000) per opening, as specified by the Director of Buildings.
The deposit shall be conditioned upon the permittee's compliance with this chapter and shall secure and hold the City and its officers harmless against any and all claims, judgments or other costs arising from the excavation and other work covered by the excavation or for which the City, Council or any City officer may be made liable by reason of accident or injury to persons or property through the fault of the permittee, because of failure to properly guard the excavation or for any other reason. The deposit shall be further conditioned upon the permittee's filling up the excavation and restoring the street, as nearly as possible, to as good and safe a condition as it was originally, to the satisfaction of the Director of Buildings, and upon the permittee's maintenance of the street, for a period of twenty-four months after the work is completed, usual wear and tear excepted, in as good a condition as it was before work was commenced. Any settlement of the surface within the two-year period shall be deemed conclusive evidence of defective backfilling by the permittee.
Nothing herein contained shall be construed to require the permittee to maintain any repairs to the pavement made by the City if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his or her own sidewalk shall not be required to give such deposit.
Upon recovery on the deposit for any injury or accident, the permittee shall post an additional deposit to replace that portion used for the recovery, maintaining the original amount of the deposit at all times. In the event of any suit or claim against the City by reason of the negligence or default of the permittee, any final judgment against the City requiring it to pay for damage shall be conclusive upon the permittee upon the City's giving written notice to the permittee of such suit or claim.
(Ord. 1986-47. Passed 12-22-86; Ord. 1990-18. Passed 4-23-90.)