§ 7-2.34. Repair of Trench Failure.

After completion of the work, the permittee shall exercise reasonable care in inspecting for and immediately repairing and making good any injury or damage to the street resulting from defective work done under the permit. If the subsurface material or pavement becomes depressed or fails at any time (1) within one (1) year after the excavation has been completed and accepted and before resurfacing of the City street, where the owner has paid a trench restoration fee pursuant to Section 7-2.29, or (2) at any time during the useful life of the street where the owner has provided a pavement life performance warranty pursuant to Section 7-2.33, the City shall inspect the depressed or broken area to ascertain the cause of the failure. If, after inspection by the city, it is determined that the failure is due to the owner's excavation, the owner shall make repairs to the installation or backfill and have the pavement restored in the manner and within the time period specified by the Director. Additional inspection permit fees may be imposed as appropriate. A trench restoration fee shall not be charged for work performed under this section. If the pavement is not restored as specified by the Director, unless delayed by conditions beyond the owner's control, the Director may cause the work to be done after giving the owner forty-eight (48) hours final notice. The cost thereof, including any inspection costs and administrative overhead incurred by the City, shall be assessed against the owner. The owner shall remain responsible for any future repairs of that portion of pavement over the excavation that was repaired by the City for a period of one (1) year, where the owner has paid a trench restoration fee pursuant to Section 7-2.29, or in accordance with the pavement life performance warranty pursuant to Section 7-2.33.

(Added by Ord. 3196-C.S., § 2, effective 2-1-01)