The full primary responsibility arising from the making of an opening, excavation, tunnel or cut on any public street or public right-of-way shall be that of the permit applicant or holder and he, at all times, shall keep the same properly guarded and enclosed so that the safety of persons and property is assured.
Such responsibility shall continue until permanent repair of the paving has been made or the public right-of-way surface rebuilt to its original condition, and such responsibility shall include the defense, settlement and payment of any and all claims, actions and court judgments arising in any way out of the creation of any opening or cut by the permit holder.
All temporary filling of any such opening, excavation, tunnel or cut shall be the responsibility of the permit holder and all temporary fills shall be made with bank gravel or No. 12 slag mixed with No.7 slag which, at all times, shall be kept even with and at the road surface level. (W.V. Ord. 46-L. Passed 5-22-56; Ord. 86-2000. Passed 10-24-00.)