909.04 RESTORATION OF OPENINGS; FEES.

   (a)    Restoration of all openings in pavement areas shall be performed by the applicant. All restoration, whether in paved areas or unpaved areas, and whether they are in street-opening-permit areas or long line permit areas, shall be in accordance with the standard drawings, on file with the Engineering Commissioner, deemed applicable to the condition. The City shall reserve the right to repair or replace any restored area which is not deemed acceptable by the Engineering Commissioner and assess all costs including fifteen percent (15%) for handling to the applicant.

   (b)    When restorations are made by the City, the applicant shall be assessed the actual cost of the restoration, including all labor, material and equipment costs including a handling charge of fifteen percent (15%). Payment for restoration charges shall be kept current or existing or future permits may be revoked or denied. In the event that a restoration being performed by the applicant is not proceeding satisfactorily, the Engineering Commissioner may order the work performed by City forces with charges assessed as described in this section. A penalty of five dollars ($5.00) a day shall be assessed for each day beyond the permitted amount that street openings are not available for restoration by the Street Department.

(Ord. 10-333. Passed 10-20-10.)

909.05 OPENINGS IN NEW PAVEMENTS.

   New pavements shall be considered those pavements which have been newly constructed in part, or in total or newly resurfaced in part, or in total in the five-year period prior to the permit application date.

   Permit fees for openings in new pavements shall be five times the normal fee as outlined in Section 909.02, and permits in new pavements shall be issued only with written approval of the Engineering Commissioner. The increase in fee shall not apply to inspection charges or restoration charges.

   In the case of long line permits in new pavements, the fee shall be five times the normal fee as outlined in Section 909.03, and permits shall be issued only after approval of detailed plans and with written approval of the Engineering Commissioner. In the event of a long line street opening for a roadway which had been newly constructed in part, or in total or newly resurfaced in part, or in total in the three-year period prior to the permit application date, the Engineering Commissioner reserves the right to require full-width restoration and paving of the affected area of roadway at the applicant’s expense.

(Ord. 10-333. Passed 10-20-10.)

909.06 FIELD INSPECTION.

   For the purpose of the field supervision and inspection of all work governed by the issuance of the above described permits, the position of Utilities Inspector in the Department of Public Works shall be created, the salary for which shall be supported by the permit fees collected.

(Ord. 10-333. Passed 10-20-10.)

909.07 EMERGENCY OPENINGS.

   In the event of an emergency, or where the public health, safety and welfare are involved, street openings may be made immediately by the proper authority provided, however, that immediate notification be given to the Engineering Commissioner, or one of his representatives. The intent of this section is the waiver of prior application and approvals by the Engineering Commissioner. In no case is it intended that permit fees, restoration fees or inspection fees be waived. These are computed and levied as previously described in the above various sections.

(Ord. 10-333. Passed 10-20-10.)

909.08 LIABILITY.

   All firms, corporations, companies or individuals seeking the issuance of a permit for performance of any of the services or work above set out shall, at the time before a permit is issued, furnish a liability insurance rider or policy of liability insurance, against personal liability and/ or property damage, indemnifying the City against all loss as a result of their performance under such permit in sums of one hundred thousand dollars ($100,000) to three hundred thousand dollars ($300,000) for personal injury and fifty thousand dollars ($50,000) to one hundred thousand dollars ($100,000) for property damage.

(Ord. 10-333. Passed 10-20-10.)

909.09 DISPOSITION OF EXCAVATED MATERIALS.

   (a)    All earth, cinder, ashes, stone, brick or other material excavated while street improvements are being made shall, if possible, be replaced therein; if not possible, it shall be removed from the streets by the person making the improvement or doing the work, immediately upon the completion of the same.

   (b)    Stockpiling and storing of dirt or excavated material from building excavations, street or sewer excavations, on residentially zoned areas other than on the prime construction site and immediate adjacent areas is prohibited. The area surrounding the prime construction site and adjacent sidewalks and streets shall be kept clean of all dirt and material until the completion of the project and the restoration of the area.

(Ord. 10-333. Passed 10-20-10.)

909.99 PENALTY.

   Whoever violates any provision of this chapter for which no other penalty is provided is guilty of a misdemeanor of the fourth degree. Whoever violates Section 909.09(b) is guilty of a misdemeanor of the third degree.

(Ord. 10-333. Passed 10-20-10.)