(A) It shall be unlawful for any person to cut into any paving, curb or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the City Council. Before any person obtains a permit, he or she shall inform the City Clerk of the place where such cutting is to be done and it shall be the duty of the Street Commissioner to inspect the proposed place of entry into the paving, sidewalk or curb.
(B) When cutting into any paving, curb or sidewalk, it shall be the duty of the party to comply with such rules and regulations as may be prescribed by the Council or the City Engineer. When the applicant is ready to close the opening made, he or she shall inform the Street Commissioner, who shall supervise and inspect the materials used and the work done in closing the opening.
(C) It shall be discretionary with the Council to order the Street Commissioner, under the supervision and inspection of the City Engineer or the committee of the Council on the streets and alleys, to do the cutting and closing of the paving, curb or sidewalk and charge the costs thereof to the party who obtained the permit. The Council may consent to the cutting and closing of the paving, curb or sidewalk by the party holding the permit.
(D) Before any permit is issued by the Council, the applicant for the permit shall deposit with the City Treasurer a sum set by resolution of the Council for all paving, curb or sidewalk to be cut. Such sum shall be set on a per square foot cost of construction basis. The deposit shall be retained by the city for the purpose of replacing the paving, curb or sidewalk in the event the work is done by the city. If the Board elects to require the applicant to replace the paving, curb or sidewalk, the deposit shall be retained by the city until the work is completed to the satisfaction of the Street Commissioner or of the committee of the Council on streets and alleys.
(E) In addition to making the deposit, the applicant shall, before any permit is issued, execute a bond to the city with a good and sufficient surety to be approved by the Council in a sum set by resolution.
Penalty, see § 152.999