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§ 96.22 BONDS.
   (A)   Unless exempt from this requirement by law or by the director, each applicant shall, before a permit is issued, deposit with the city a cash deposit, surety bond or file a certificate of deposit or savings and loan share assignment in an amount, fixed by the director, sufficient to restore the right-of-way to its original condition.
   (B)   A surety bond or other security shall not be required where a permit is issued authorizing construction or excavation work within a right of-way that is performed by a public utility or cable television company pursuant to a state or city franchise.
   (C)   No bond or any part thereof shall be released or exonerated until the department has notified the finance director that the work has been performed to the satisfaction of the department and that all costs and liabilities incurred by the city have been paid or fully secured.
(‘81 Code, § 12.08.030) (Am. Ord. 1322, passed 11-2-22)
§ 96.23 FEES.
   The schedule of fees and charges shall be those adopted by the resolution of the City Council from time to time.
(‘81 Code, § 12.08.040) (Am. Ord. 1322, passed 11-2-22)
§ 96.24 REVOCATION OF PERMIT.
   (A)   If any of the provisions of the permit or this subchapter are violated by a permittee, the director shall serve written notice upon the permittee giving the permittee 12 hours in which to correct the violation.
   (B)   If the violation results in a danger to life or property, the notice shall state that all encroachment work must stop until the violation is corrected.
   (C)   If after 12 hours from the issuance of the notice the violation is not corrected, or there is no evidence that diligence is being used to correct the violation, the director may revoke the encroachment permit.
(‘81 Code, § 12.08.050) (Am. Ord. 1322, passed 11-2-22)
§ 96.25 NOTICE OF COMMENCEMENT OF ENCROACHMENT WORK.
   At least 24 hours before commencing any encroachment work authorized by any permit, the permittee shall notify the director of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work.
(‘81 Code, § 12.08.060) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
§ 96.26 PROTECTION AND REPAIR OF FACILITIES.
   (A)   The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus both aerial and underground.
   (B)   This expense of repairs to any damaged facilities shall be borne by the permittee.
(‘81 Code, § 12.08.070) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
§ 96.27 RESTORATION OF RIGHT-OF-WAY.
   (A)   Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing, or rebuilding it to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the director. Where excavation occurs within areas already paved, the director may require temporary paving to be installed within 24 hours after the excavated area is backfilled.
   (B)   In the event that the permittee fails to act promptly to restore the right-of-way as provided in this subchapter, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the director may, at his option, make the necessary restoration. The permittee shall reimburse the city in accordance with the schedule of charges as adopted by the City Council.
(‘81 Code, § 12.08.080) (Am. Ord. 1322, passed 11-2-22) Penalty, see Ch. 13
§ 96.28 UNCOVERED EXCAVATION DEEMED NUISANCE; ABATEMENT.
   Every person who excavates in any street without a permit or who fails to fill and cover an excavation within the time permitted by the department shall be guilty of committing a public nuisance and the department may summarily abate such nuisance and the cost of such abatement shall be the personal obligation of every person creating, causing, committing or maintaining such nuisance.
(‘81 Code, § 12.08.090) (Am. Ord. 1322, passed 11-2-22)
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