(a) Permission may be granted to persons who desire to open up or remove any portion of any street surface, curb, gutter, sidewalk, or area located between the sidewalk and the gutter, and located within the right-of-way only under the following conditions:
(1) The consent of the City Engineer shall be obtained and the necessity of the work shall be established to his satisfaction.
(2) A fee of twenty-five dollars ($25.00) shall be paid for each permit for sidewalk openings or removals. A fee of fifty dollars ($50.00) shall be paid for other permits required by this section.
(3) The applicant shall deposit bond with the City in the amount of $5,000.00 as a guarantee that the street surface, curb, gutter, sidewalk or area located between the sidewalk and the gutter shall be satisfactorily restored. Said bond shall be obtained from a reputable surety licensed to do business in the State of Ohio.
(b) All street surfaces, curbs, gutters, sidewalk or area located between the sidewalk and the gutter which is opened up, removed or damaged shall be replaced and repaired by the permittee to the satisfaction of the City Engineer. Upon completion of the work, the permittee shall notify the City Engineer of the fact of its completion. The City Engineer shall make an interim inspection. If the work is satisfactory to the Engineer he shall notify the permittee and the City. The street opening bond posted by such permittee shall be retained by the City for a period of one year thereafter. If, during the course of the year, the restoration of such opening sinks, settles or otherwise becomes unsatisfactory, the Engineer shall immediately notify the permittee who shall forthwith cause the necessary corrective work to be performed or who shall forfeit the guarantee deposit or bond. If the permittee fully performs all obligations imposed by this section and the restoration of the opening remains in good condition one year after the interim inspection as determined by the final inspection of the City Engineer, the bond or deposit shall be returned to the permittee.
(c) The permittee in accepting and acting under a street opening permit thereby agrees to assume full responsibility for injury or damage to persons or property incurred because of any settlement of a restored area and further agrees to pay all costs involved in reconditioning such area. Notwithstanding any of the foregoing provisions of this section, if any settlement in a restored area occurs within a period of one year from date of completion of the permanent restoration it shall be considered as conclusive evidence of defective backfilling or restoration and any expense incurred by the City in correcting such settlement shall be paid by the permittee as additional consideration for the granting of the permit to make the opening.
(Ord. 4-2015. Passed 5-18-15.)