(A) Permit required. Before any work is performed which includes cutting a curb or excavation on or under any street curbing a permit shall be applied for from the city. The Public Works Department shall verify the location of the water main and sanitary sewer connections before any excavation or grading shall be permitted on the premises. The permit shall specify the location, width, length, and depth of the necessary excavation. It shall further state the specifications and condition of public facility restoration. The specifications shall require the public facilities to be restored to at least as good a condition as they were prior to commencement of work. The permit holder and property owner shall be jointly and severally liable for any costs of restoration incurred by the city which exceed the amount of the forfeiture of deposit under division (E) of this section.
(B) Deposit required.
(1) Where plans and specifications indicate that proposed work includes connection to sanitary sewer, water main, a curb cut, or any other disruption that may cause damage to the facilities of the city, the application for a permit shall be accompanied by a cash deposit in an amount to guarantee that all restoration work will be completed and city facilities left in an undamaged condition. The city shall determine the amount of the deposit on a case by case basis.
(2) The requirement of a cash deposit shall not apply to any public utility corporation franchised to do business within the city.
(C) Inspections.
(1) Before any backfilling is done in an excavation approved under this section, the city shall be notified for a review of the conditions of construction.
(2) During and after restoration, the City Engineer or a designated agent shall inspect the work to assure compliance.
(D) Return of deposit. The Public Works Director shall authorize a refund of the deposit when restoration has been completed to satisfactory compliance with this section.
(E) Forfeiture of deposit. Any person who fails to complete any of the requirements shall forfeit to the city a portion of the deposit as is necessary to pay for having the work done.
(1997 Code, § 23.07) Penalty, see § 150.99