(a) Notices of Improvements. When the Municipality shall improve or pave any street, the Engineering Department shall first give notice to all persons owning property abutting on the street about to be paved or improved, and to all public utilities and authorities operating in the Municipality, and all such persons, utilities, and authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street, within thirty days from the giving of such notice. The time may be extended if permission is requested in writing and approved by the Engineer.
(b) Restrictions Upon Opening New Streets. No permit shall be issued by the Clerk which would allow an excavation or opening in a paved and improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety require that the proposed work be permitted or unless an emergency conditions exists.
(c) Penalty for Opening New Streets. If by special action of the Engineer, a permit is issued to open any paved and improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to two percent (2%) of the cost of restoring the opening for each unlapsed month or fraction thereof of the five year restricted period.
(Ord. 1959-12. Passed 7-7-59.)