(a) The excavation and restoration of any pavement or other surface, the removal of excess materials and the cleaning up of the surface shall be performed under the direction and to the satisfaction of either the Service Director, the Municipal Engineer, the Mayor, or such other authority as shall be prescribed by Council, and in accordance with rules, regulations and specifications approved by the Municipal officer or authority under whose direction such work is performed. The surface for any asphalt, concrete or brick pavement to be replaced shall only be replaced with like asphalt, concrete or brick materials.
(b) Upon failure or refusal of the permittee to satisfactorily fill the excavation, restore and clean the surface used or disturbed and remove all excess materials therefrom within the time specified in the permit, or where not specified therein, within a reasonable time after commencement of the work, the Municipality may proceed, without notice to make such fill, cleaning and restoration, and the deposit referred to in Section 901.02(c) shall be deemed forfeited. The deposit shall be paid into the General Fund of the Municipality, except such part thereof demanded and paid to the permittee as the difference between the deposit and the reasonable charges for the restoration services performed by the Municipality. If the amount of such services performed should exceed the amount of such deposit, the permittee shall be liable to the Municipality for the difference, and the Village Clerk shall proceed to collect such differences due from the permittee. (Ord. 2002-74. Passed 8-14-02.)