§ 51.05  REQUIRING REPAIRS AND RESTORATION OF ALL CUTS OR ALTERATIONS TO SATISFACTION OF THE CITY ENGINEER OR MAYOR'S DESIGNEE.
   (A)   Every cut, excavation, or alteration made pursuant to this chapter shall be fully repaired and restored by the encroachment permit holder or the person, entity, or utility on whose behalf the encroachment permit holder is acting, according to generally accepted engineering standards. Such repair or restoration shall be inspected by the city engineer or such qualified person as the mayor may designate. The encroachment permit holder shall notify the city engineer, or the mayor's designee, of the progress of such repair or restoration upon request, and shall comply with the reasonable directions of the city engineer or such person as the Mayor may designate.
   (B)   In order properly to repair any cut, excavation, or damage made on any portion of one side of a road, street, or sidewalk having a length greater than ten feet (10'), the permit holder shall restore the road surface by resurfacing the entire side of the road, street, or sidewalk for the length of the cut, excavation or damage plus ten feet (10') at both ends of the cut, excavation or damage. In order to properly repair any cut, excavation, or damage made on both sides of a road, street, or sidewalk having a length greater than ten feet (10'), the permit holder shall restore the road surface by resurfacing the entire road for the length of the cut, excavation, or damage plus ten feet (10') at both ends of the cut, excavation, or alteration. Unless otherwise approved by the city engineer, or Mayor's designee, all openings will be saw cut and all back fill will be flowable fill. The city engineer, or Mayor's designee, may promulgate regulations, subject to approval of the city council, setting forth the standards and requirements for acceptable repair and restoration.
   (C)   Any utility company, or their contractor, which encroaches into the surface, sub-grade, or other portion of any city street or curb which has been replaced or repaired within the fifteen (15) years immediately preceding the date the utility company applies for its encroachment permit under this chapter, shall conduct a complete reconstruction of the street segment and any encroachment permit granted under this section shall require such reconstruction of the street segment, unless a waiver is granted as provided in division (D) of this section. Such reconstruction shall occur and be completed within three hundred sixty-five (365) days of the encroachment into the surface. Notwithstanding the foregoing, this paragraph shall not apply if (i) the utility company participated in the repair or replacement of the portion of the street which is proposed to be encroached by the utility company, or their contractor, when the city reconstructed or repaired that portion of the street, and (ii) the encroachment into the surface, sub-grade, or other portion of any city street or curb is necessitated by good engineering practice, as determined in sole discretion of the city engineer, who may rely on an opinion issued by a licensed Kentucky engineer.
   (D)   Waivers to this section or any of its requirements, or waivers with conditions, may be granted by the city engineer, or the Mayor's designee, upon the recommendation and advice of the city engineer, who shall consider the following in determining whether to grant such waiver; (i) the amount of time that will lapse prior to the next repair or replacement of the street segment in question by the city; (ii) whether the city engineer believes or has issued an opinion regarding whether the waiver will not the shortening of the lifespan of the street segment in question or otherwise cause harm to the city; (iii) whether unique topography or engineering factors justify the granting of the waiver; (iv) the furtherance of the goals of this chapter are met through the granting of a waiver, including whether the repair or replacement of the street was foreseeable by the utility company during the last road reconstruction or repair by the city; and (v) the hardship to the applicant in light of the goals of this chapter. No waivers may be granted until the city engineer is consulted and renders an opinion. Requests for waivers shall be in writing and delivered to the City Clerk and shall be submitted, except in cases of emergency, prior to the encroachment into the surface, sub-grade, or other portion of any city street, curb or sidewalk. Any appeals to waiver determinations shall be made to the Mayor, by delivering a notice of appeal to the City Clerk, in writing, within seven (7) calendar days of the original determination; the Mayor shall hold a hearing on the appeal within thirty (30) days of the city's receipt of the appeal and issue a decision thereon within seven (7) days of the hearing. Further appeal may be had to the Circuit Court, by filing a notice of appeal and complaint within fourteen (14) days after the Mayor's determination, which shall be limited to a review of the record before the Mayor and a determination as to whether the Mayor abused his or her discretion and acted arbitrary and capricious.
   (E)   If the city engineer, or Mayor's designee after consulting with the city engineer, determines that any sidewalk or driveway located in a street segment being reconstructed or restored by a utility company requires repair as part of the utility company's project, then the utility company shall perform such work consistent with the specifications set forth in City of Villa Hills Typical Detail No. 10, Typical Detail No. 11, 12, 13, 14 and 15, as applicable, which Details are attached to Ord. 2016-2 and incorporated herein by reference.
   (F)   All restoration work related to the permit shall be completed in a prompt and expeditious manner to minimize the amount of time any portion of the public right-of-way area is disturbed. If permanent restoration, in accordance with specifications as defined herein, does not occur immediately upon completion of work, the permit holder shall be required to complete temporary restoration of all disturbed area in accordance with city specifications. All permanent restoration work shall be completed within thirty (30) days from the date of the permit's issuance, or promptly upon completion of the work, whichever is later, during the time period of April 1 through November 30. During the time period of December 1 through March 31, permanent restoration shall be completed in a timely manner, subject to appropriate weather conditions. A final inspection of all permanent restoration work is required by the city engineer, or the Mayor's designee.
   (G)   No person in control shall cause, permit, or allow any violation of the paragraphs of this section. No person in control, having received notice by the city of a violation of this section shall fail to correct said violation within thirty (30) days of notice, or, if reconstruction is involved, shall fail to cause such reconstruction to occur within three hundred sixty-five (365) days of that notice. Notice under this paragraph is valid if sent by ordinary U.S. mail, certified mail, facsimile, or electronic mail.
(Ord. 2016-2, passed 2-17-2016; Am. Ord. 2020-2, passed 2-19-2020)