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(A) Notice required by § 41.021 shall not be valid unless the person giving notice has filed with the Director of Public Works/City Engineer a cash or surety bond to:
(1) Insure proper restoration of the ground, pavement and area affected by the facility work, in compliance with this chapter; and
(2) Indemnify the city for any loss, liability, or damage that may result or accrue from or because of the making, existence, or manner of guarding, constructing, or restoring any such area affected by the facility work site.
(B) Bonds shall guarantee surface restoration for a period of two (2) years from completion of the tunnel or excavation work, or from thirty (30) days after notice is given, whichever is later, and as may be required by the Director of Public Works/City Engineer for all other facility work. However, refund of cash bonds and release of surety on surety bonds may be obtained by notifying the Director of Public Works/City Engineer twenty-four (24) hours in advance of backfilling tunnels and excavations and by otherwise complying with the provisions of this chapter, as certified by the Director of Public Works/City Engineer. If the person giving notice does not comply with the backfill and restoration provisions of this chapter during the permitted work period or within twenty-four (24) hours after ordered to do so in writing by the Director of Public Works/City Engineer, the city may perform the work or contract for the work and deduct the expense from any cash bond and require payment by the surety bondsman. The principal on the bond shall be liable for any deficiency in the bond amount to cover the expense. A surety bond shall have as surety a corporation licensed to do business in Kentucky as a surety company and approved by the Director of Public Works/City Engineer. The amount of the bond shall be two hundred fifty dollars ($250.00), or the amount estimated by the Director of Public Works/City Engineer to be the actual cost of restoration considering the hazards involved, whichever is greater. However, any person or utility may post a continuous bond in an amount not less than one thousand dollars ($1,000.00) in lieu of separate bonds for each permit.
(C) Notwithstanding the expiration of any bond required under this section or compliance with requirements of city ordinances or orders of city officials, the person permitted to conduct facility work in public ways shall continue to be liable for repair and restoration of any surface and subsurface conditions resulting from such facility work for a period of five (5) years from the effective date of notice under § 41.021.
(Am. Ord. 2017-10-19(B), passed 10-19-17; Am. Ord. 2019-08-15(B), passed 8-15-19)