In case the pavement or the surface of the street or alley over any excavation should become depressed or broken at any time within five years after the excavation has been completed and before resurfacing of the street or alley, natural wear of the surface excepted, the permittee shall, upon written notice from the director, immediately proceed to inspect the depressed or broken area over the excavation to ascertain the cause of the failure. The permittee shall make repairs to the installation or backfill and have the pavement restored as specified by the director, within such time period as may be specified by the director. The trench cut cost recovery fee established by Section 12.12.140(B) of this chapter, shall not be charged for work performed under this section. If the pavement is not restored as specified by the director within the time period specified by the director, and unless delayed by a strike or conditions beyond permittee's control, the director may cause the work to be done after giving the permittee twenty-four (24) hours final notice. The cost thereof, including any inspection costs and administrative overhead incurred by city, shall be assessed against the permittee. After the cost is paid to city, the city shall be responsible for any future repairs of that portion of pavement over the excavation that was repaired by city forces. (Ord. 2009-022 § 2)