905.03 STREET OPENINGS PRIOR TO RECONSTRUCTION OR RESURFACING.
   (a)   When the City reconstructs or resurfaces any street, the Department of Public Works shall first serve written notice by certified mail of such improvements to all persons owning property abutting the street about to be improved who are in violation of Article 909 relative to curbs and sidewalks and to all public utility companies operating in the City. Within ninety calendar days from receipt of such notice all notified persons shall complete or cause to be complete all necessary repairs and replacement of utility mains, service connections and/or laterals existing under the street and designated curb and sidewalk areas. Notified persons shall also complete or cause to be completed, any new installations, under the street and designated curb and sidewalk areas, required for use within a five year period thereafter.
   (b)   This section shall not forbid the installation of new pipes, conduits or other services or structures, or the repair or replacement of those already existing, in or under the portions of such highways improved as aforesaid; by penetrating the subsurface beneath paving in accordance with City ordinances and the directions of the Department of Public Works upon obtaining a permit therefor from the Department of Public Works, and upon payment to the City of the same fees as prescribed by Council resolution except for the degradation fee for making a surface opening in the highway of the same dimensions.
(Ord. 37-2005. Passed 9-20-05.)
   (c)   If any person shall open a street within five years from the date of reconstruction or having been paved, the permittee shall overlay the pavement by making a segment, curb to curb repairs as approved by the Director of Public Works or his designee. The permittee shall conduct repair by milling, planing or other authorized method and overlaying the entire disturbed pavement.
   Some examples of repair methods that are not acceptable and the corresponding acceptable method are provided at the end of this article.
   The permit and inspection fee shall apply to this permit. The degradation fee shall be applied based on the size of the original cut by the permittee.
(Ord. 33-2012. Passed 10-16-12.)