(A) No municipal department shall accept, lay out, open, improve, grade, pave, curb, or light any street or other way, unless the street or way has been accepted, opened, or otherwise has received the legal status of a public street or way prior to the effective date of this code or unless the street or way corresponds in location and extent with a street or way shown on recorded plat which shall have been legally accepted by Council.
(B) Any person, partnership, company, corporation, or other entity excavating in or under the streets, alleys, or public ways shall, before beginning excavation, apply for and obtain a permit from the City Manager. The fee for the permit shall consist of a $2 per square foot street deterioration fee, as well as any costs necessary for complete restoration of the surface. No fee shall be charged for utilities bored under streets or public ways, but the applicant must assume responsibility for any resulting damage.
(C) When applying for a permit, the applicant shall set forth the nature and extent of the intended excavation, and shall guarantee in writing the restoration or replacement of the original and proper surface of the street, alley, or public way, in accordance with specifications of the Municipal Engineer.
(1974 Code, § 95.01) Penalty, see § 95.99