(A) No later than January 1, 1997, and every five years thereafter, each franchised public utility (“utility”) for which the street cut fee is not required pursuant to section 19-221(C) shall inspect, as directed by the engineer, the pavement in the city's streets where the utility has made an excavation or street cut at any time, until such portion of the street is completely resurfaced or reconstructed.
(B) As directed by the engineer, the utility shall identify all defects in the pavement over and around such excavations and street cuts that arise from such excavations and street cuts and make repairs and perform maintenance in accordance with city specifications.
(C) The utility shall inspect such repairs and maintenance and report thereon to the engineer. The inspections and reports may be made by the utility, by city staff or by an inspector approved by the engineer, as directed by the engineer. If the inspections and reports are made by city staff, the utility shall pay the city for the cost thereof. If the inspections and reports are made by an inspector approved by the engineer, the utility shall pay such person for such work.
(D) The engineer may, from time to time, inspect such excavations and street cuts and notify the utility of any defects in the pavement that arise from such excavations and street cuts, whereupon the utility will make repairs and perform maintenance as directed by the engineer.
(E) Before performing such inspection, repair or maintenance, the utility may receive from the engineer the locations and names of streets that will be repaved within one year from the date such information is received. The utility need not perform such inspection, repair and maintenance on such streets.
(F) If the utility does not perform one or more of the utility's duties set out in this section, the engineer shall notify the utility thereof, specifying the failure. The utility shall cure the failure within 20 days of receiving the notice, or such additional time as the engineer may grant. The engineer may refuse to issue any additional encroachment permits to the utility until the cure is completed.
(G) If, as part of or in the course of doing pavement work or inspecting pavement conditions, in city streets, city employees or contractors identify a defect in the pavement over or around an excavation or street cut that was previously made by a utility and that arises from such excavation or street cut, such employees or contractors may repair such defect, and the utility shall pay the city for the cost of making such repair.
(H) If the utility does not timely pay any amount authorized by this section, the engineer may refuse to issue any additional encroachment permits to the utility until the amount is paid.
(`64 Code, Sec. 26-18) (Ord. No. 2444)