(a) Before proceeding with any construction, enlargement, alteration, repair or removal of any building or other structure, in the construction of which it is desired or may be necessary to make use or to drive across the curb, tree lawn, sidewalk, ditch or culvert, the owner shall construct and maintain a plank driveway, to the approval of the Inspector of Buildings, across and over such curb, tree lawn, sidewalk, ditch or culvert, so that the same shall not be injured or damaged. Before such plank driveway is constructed, and at the time of securing a permit for the construction, enlargements, alteration, repair or removal of any building or other structure, such owner, or his agent shall deposit with the Clerk of the City the sum of one thousand dollars ($1,000) for all sublots located in a U-1 or U-2 District, and three thousand dollars ($3,000) for all sublots in all other districts, as a guarantee that such plank driveway will be constructed and maintained, and that if any curb, tree lawn, sidewalk, ditch or culvert is disturbed or broken the same will be replaced as above provided at the cost and expense of the owner. Upon the failure to replace or restore such curb, tree lawn, sidewalk, ditch or culvert so displaced or broken, to the satisfaction of the Building Commissioner, the Commissioner shall have such work performed and shall pay the cost and expense thereof out of the fund so deposited. In the event the sum so deposited is not sufficient to pay such cost and expense, the owner shall be liable to the City for any balance. However, if such curb, tree lawn, sidewalk, ditch or culvert is left in a condition acceptable to the Commissioner, the fund so deposited shall be returned to such owner, and any part of the fund remaining after the repairs, if any, are made, as hereinbefore provided, shall be returned to the owner.
(b) In addition, the above deposit shall cover any construction involving excavation, grading, filling or the hauling of earth to and from the site of such construction. Upon completion of the work for which such permit was granted, the applicant shall notify the Commissioner to make an inspection for the purpose of determining what refund, if any, shall be made from the deposit. If it becomes necessary for the Commissioner to make more than one inspection for such purpose, a fee of thirty-five dollars ($35.00) shall be charged for each inspection after the first. All charges shall be deducted from the deposits, and the balance shall be refunded subject to the following conditions. The Commissioner or other City official shall cause to be removed all earth, debris, or building materials which may be placed, left or permitted to remain on any pavement, sidewalk or tree lawn, in the City in the course of the work for which permit was granted, or on any private property in the City without proper permission. The cost of such removal shall be charged against the applicant, and the deposit shall be paid to the City Treasurer for the use of the General Fund. Any balance remaining shall be refunded to the applicant as aforesaid. If the cost is greater than the deposit, the applicant shall be billed for the unpaid portion, and, if not paid in ten days from billing, the matter shall be referred to the Law Director for collection.
(Ord. 2003-082. Passed 8-5-03.)