1020.05 DISPOSITION OF FEE, DEPOSIT.

   If no permit is issued pursuant to any such application, the deposits made with such application shall be returned to the applicant, less the cost and expense of the investigation by the City Engineer. If a permit is issued, the fee of five dollars ($5.00) shall be paid into the Treasury as a fee for issuing such permit. The cost and expense of the investigation by the City Engineer shall be paid to him and the balance of such deposit shall be held until the street or other public place is restored to its former condition, including the removal of refuse, debris and dirt from the paved surface of the street, driveways and sidewalks, to the approval of the City Engineer after which the balance of such deposit, less the cost of inspection of work, if any, shall be returned to the applicant. In case such restoration is not made within the time specified in the permit, the work shall be done by the Municipality. The expense thereof shall be charged against such deposit, and the balance, if any, returned to the applicant. In case the amount deposited is not sufficient either to pay the cost and expense of the investigation and inspection by the Engineer or to restore the street or other place so excavated or opened as aforesaid, the additional amount required therefor shall be paid to the Treasurer by such applicant upon receipt of a statement therefor.
(Ord. 1961-69. Passed 6-5-61.)

1020.06 INSPECTION BY THE CITY ENGINEER.

In case such excavation or opening is made for the purpose of installing any construction in such street or public place, the work shall be subject to the inspection of the City Engineer. No construction shall be covered until the City Engineer has ascertained that such work conforms to the plans submitted.
(Ord. 1952-106. Passed 11-17-52.)

1020.07 BOND; SURETIES.

   Each applicant for such a permit shall save the Municipality harmless against any damages, costs or other expenses resulting from or in any manner connected with the making, continuance or recovering of such excavation or opening, including the removal of refuse, debris and dirt from the paved surface of the street, driveways and sidewalks. If deemed advisable by the Mayor or City Engineer, such applicant shall file with the Mayor a bond in a form approved by the Law Director, with sureties approved by the Mayor, in an amount specified by the City Engineer but not less than one thousand dollars ($1,000), as security against such damages, costs or other expenses.
(Ord. 1961-69. Passed 6-5-61.)

1020.08 TREES; BACKFILLS.

   In the making of any such excavation or opening, all work in connection therewith shall be done in such a manner as not to injure or destroy the roots, trunk or branches of any tree and all directions given by the City Engineer as to the manner of performing such work, in order to avoid such injury or destruction, shall be fully and completely complied with. All backfills in openings shall be compacted to the satisfaction of the City Engineer.

(Ord.   1952-106. Passed 11-17-52.)

1020.09 SAFETY PRECAUTIONS.

   Any person who performs any of the acts or work referred to in Section 1020.01 shall maintain barricades and warning signs and/or lights and take other proper safety precautions to the satisfaction of the Chief of Police or the City Engineer during the entire period that such acts or work are being done.
(Ord. 1961-69. Passed 6-5-61.)

1020.10 SERVICE CONNECTION PERMIT.

   Any person desiring to perform any of the acts or work referred to in Section 1020.01 in the unpaved portion of any street for the purpose of making storm sewer or water service connections within the Municipality shall make application to the Commissioner of Buildings. Such application shall state the name and address of the person proposing to do such acts or work, the purpose for which the same is to be made, the location thereof, with an indication that it will not be done in the paved portion of any street, and the time within which the surface will be restored to its former conditions. Such application shall be accompanied by a fee of five dollars ($5.00), by the insurance policy or policies required in Section 1020.03 and by the bond required in Section 1020.07, if deemed advisable by the Commissioner of Buildings.

   After the filing of such application, the Commissioner is hereby authorized to issue the service connection permit, if he deems it advisable, in which case the fee of five dollars ($5.00) shall be paid into the Treasury as a fee for issuing such permit. Such permit shall expire thirty days after issuance and any further work shall require a new permit under this section.

   Should the Commissioner not deem it advisable to issue such permit, he shall transmit such application to Council together with his reasons for not issuing the permit. Council, at its next meeting, shall determine whether such permit shall be issued and its action in such request shall be final. If no permit is issued the aforesaid five dollar ($5.00) fee shall be returned to the applicant.

   All work done under such service connection permit shall be done in accordance with the safety requirements of Section 1020.09. If the making of the aforesaid service connection requires an opening located within five feet of the edge of the paved portion of any street, the opening shall be backfilled with sand to the satisfaction of the Commissioner. If the making of the aforesaid service connection requires the opening of the paved portion of any street, a street opening permit must be obtained in accordance with the provisions of Sections 1020.02 through 1020.09.
(Ord. 1966-173. Passed 10-3-66.)

1020.11 CURB CUTS AND REPLACEMENTS.

   No curb or part of a curb shall be cut for access from a public street without the approval of the Building Commissioner and the City Engineer. In the event that an owner of land desires to relocate access to private property which requires a curb cut in a different location than the original curb cut, the Commissioner and the Engineer shall withhold approval of the new curb cut location until a plan is submitted by the owner to replace the original curb which had been removed. Curbing to be placed shall be in accordance with specifications approved by the Engineer and shall be of the type and quality required by the ordinances of the City in effect at the time of replacement.

   In the event that the owner of real property fails to replace a curb cut which has been relocated because of use or change of access within forty-five days after written notice has been sent to such owner by certified mail to the owner's last known tax mailing address as set forth in the records of the Cuyahoga County Recorder's office, the Director of Public Service shall forthwith cause to have the curb replaced and all costs in connection therewith charged to the owner of the property. In the event that the owner fails to pay within twenty days after the completion of the work, the cost attributable to the replacement of the curb shall become a lien upon the real property of the owner and the Director of Finance shall certify the costs to the County Auditor. Such costs are determined to be an assessment against the real property of the owner to be collected over a five-year period in five equal installments plus interest.
(Ord. 1973-124. Passed 9-17-73.)