§ 153.158  EXCAVATIONS MUST BE REFILLED.
   (A)   In refilling any excavation, the earth shall be thoroughly and completely compacted using machine compacting equipment. When the excavation is completely refilled, the surface of the excavation shall not be any higher or lower than the original surface when the excavations were commenced and settling will be at a minimum. The excavator shall be completely responsible for any settling of any ditches that occur. In the event of any settling, the excavator shall be required to refill the ditch and compact it in such manner that the surface when refilled shall not be any higher or lower than the original surface when the excavations were commenced. The excavator shall, as soon as possible and in no case longer than 30 days after the start of such excavation, completely restore the street, alley, sidewalk, or other public place to the same condition as it was prior to the making of such excavation.
   (B)   In the event that the surface is of concrete or asphalt, the excavator shall be required to replace the concrete or asphalt which is disturbed because of the excavation. In the event that the surface is a maintained lawn, the excavator shall be required to replace the lawn with sod approved by the city. The width of the patch shall be at least two feet wider than the width of the actual excavation, if the excavation is two feet or less. The width of the patch shall be at least four feet wider than the actual excavation, if the excavation is more than two feet wide. In the event that the surface is of concrete or asphalt, all openings in the concrete or asphalt shall be mechanically cut with a saw.
   (C)   If any settling of the ditch occurs within two years after the excavation is backfilled, the permit holder shall, at his or her expense, be required to remove the patch, if applicable, compact the ditch, and replace the surface. The excavator shall be responsible for maintaining the excavation from the time the excavation is backfilled until the surface is restored. This maintenance shall include periodic visual inspection of the excavation to ensure that the excavation is not settling or the fill is not being pushed out of the excavation due to, or from, traffic.
   (D)   All excavations shall, at all times, be at the same surface elevation as the original surface when the excavation was commenced and no excavation shall become a hazard for vehicular travel or pedestrian traffic. In the event that it comes to the attention of the city that any excavation is, or presents, a hazard to vehicular traffic or pedestrian traffic, the city shall call the telephone number noted on the permit application and advise the excavator of the problem. The excavator shall have a period of 24 hours from the time of the telephone call to repair the excavation so as to eliminate the hazard. Notice under this provision shall be deemed to have been given by the city at the time the first call is made to the telephone number of the excavator, regardless of whether personal contact is made with the excavator as a result of the telephone call. In the event that the excavator refuses or neglects to repair the hazard within the 24-hour period, the city shall have the right to have its crews repair the hazard and the excavator shall be responsible for all costs of labor, material, and machinery in making the required repairs. The excavator shall pay the cost of these required repairs within 30 days of the date he or she is billed for the services. In the event the excavator does not pay within 30 days, the city will not issue any additional permits pursuant to this title to the excavator until payment is received by the city in full. If payment is not received by the city within 60 days of the date of billing, then the person providing the bond to the excavator pursuant to this chapter shall be notified in writing and a claim made against the bond filed by the excavator pursuant to this chapter. Said noncompliance and failure to pay may also result in revocation of the excavator’s license issued pursuant to this chapter.