It is unlawful for any person, except a city employee acting within the course and scope of his employment or a contractor acting within the course and scope of a contract with the city, to make any excavation, opening or tunnel in, over, across or upon a street or other public property without first having obtained a written permit from the City Engineer as herein provided.
(A) Application. Application for a permit to make a street excavation shall describe with reasonable particularity the name and address of the applicant, the place, purpose and size of the excavation, and such other information as may be necessary or desirable to facilitate the investigation hereinafter provided for, and shall be filed with the City Engineer.
(B) Investigation. Upon receipt of such application, the City Engineer shall cause such investigation to be made by himself or the Department of Public Works as may be necessary to determine estimated cost of repair, such as filling, compacting, resurfacing and replacement, and the conditions as to time of commencement of work, manner of procedure and time limitation upon such excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of such investigation shall be included in such estimate.
(C) Issuance of permit. The City Engineer shall issue such permit after completion of such investigation, payment by the applicant in advance of all estimated costs as aforesaid, agreement by the applicant to the conditions of time and manner as aforesaid, and agreement by the applicant to pay all actual cost of repairs over and above such estimate, including cost of such investigation.
(D) Repairs. All temporary and permanent repairs, including filling, compacting, and resurfacing shall be made, or contracted for, by the city in a manner prescribed by the City Engineer, and an accurate account of costs thereof shall be kept.
(E) Cost adjustment. Within 60 days following completion of such permanent repairs the City Engineer shall determine actual costs of repairs, including cost of investigation, and prepare and furnish to such permit holder an itemized statement thereof and claim additional payment from, or make refund to, the permit holder, as the case may be.
('69 Code, § 5.07) Penalty, see § 10.99