(A) The deposit so made shall remain with the city for a period of not less than three or more than six months and any settling of the backfill must be brought up to grade level by the person to whom the permit was issued when notified by the Street Commissioner of the city to put in more backfill at the place of excavation, and at the end of the period, the excavation and backfill shall be inspected by the Street Commissioner of said city and when approved by him or her, the deposit so made shall be refunded if said excavation has been properly filled and packed.
(B) Should any person making the excavation or digging upon any street or alley pursuant to this subchapter fail, neglect or refuse to properly refill any ditch or excavation made by him or her pursuant to this subchapter when requested, then, and in the event, it shall be the duty of the Street Commissioner of the city to cause said excavation to be properly filled and tamped or properly backfilled and the cost thereof shall be reported to the Street Commissioner to the City Finance Officer and the amount of the cost thereof shall be deducted from the amount so deposited herein and that any sum then remaining in the hands of the city by virtue of said deposit shall then be refunded to the person that obtained said permit.
(Prior Code, § 5.03.10) (Ord. 478, passed - -; Ord. 731, passed - -)