Whenever any public utility company or other person, company or corporation, shall make or cause to be made, any excavation in any of the paved streets, avenues, alleys or public places of the City, and for which legislation at the time of making the excavation is pending to improve the same by paving, for the purpose of laying down their pipes or wires or for any other purpose, they shall and are hereby required, without delay, to fill the excavation caused by removing the earth in making the ditches with acceptable backfill material as directed by the Director of Public Service, and replace all other materials which they have removed or may remove or disturb, in making such excavations, so that the street shall be put in as good and permanent condition and repair as the same was before the excavation was made or materials removed. And in no case shall the company, person or corporation have more than 250 feet of ditch open on any one street at any one time, but shall, before breaking ground on more than 250 feet as aforesaid, fully reinstate and repair all other portions of the street, which they have disturbed; and in case such company, person or corporation shall refuse or neglect so to do, it is hereby made the duty of the Director of Public Service to cause the ditches to be filled, and the street or streets repaired, and collect the expense and cost of the same from the utility company, or other company, person or corporation by civil action in any court having jurisdiction.
No excavation or opening made in streets, alleys, lanes or public places of the City, shall remain open for a longer time than is absolutely necessary to do the work prescribed in the permit granted for such excavating, and the person, partnership or corporation making such excavation or opening shall refill same without delay, with such material as the Director of Public Service shall direct, and to the satisfaction of the Director of Public Service, and shall completely fill such opening or excavation, and replace the pavement and shall put all such openings and excavations in a condition safe for public travel upon such street or public way.
The Commissioner of Transportation shall have full power to order, at the time the permit is granted, that a crew of men shall be employed by the person, partnership or corporation obtaining the permit, twenty-four hours a day until the street, alley, lane or public place of the City is again in the same condition in which it was before the opening was made.
(Ord. 104-94. Passed 3-14-94.)