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Section 12.04.070 Street, etc., excavations - Generally; permit; bond. <br /> <br />No person shall make or cause to be made, or help, aid or assist another person make, <br />any excavation on any public street, highway, alley or other public place, or any <br />easement or right-of-way, before a written permit to make the excavation is issued <br />by the director of public works after application therefor is made. The applicant shall <br />pay a filing fee in the mount of fifty dollars ($50.00) to the director of public works. <br />The amount of the filing fee may be adjusted by the director of public works from <br />time to time to reflect the average cost of the actual time expended in the <br />administration, inspection and superintendence of such work. <br /> <br />Before such permit is issued, the applicant shall deposit with the director of public <br />works a sum of cash, and shall file with the director of public works a continuing <br />bond with good and sufficient sureties payable to the city, both conditional upon the <br />faithful performance of all the requirements of the permit and the law, the restoration <br />of the public street, highway, alley or other public place, easement or right-of-way <br />in as good a condition as it was before the excavation was made. The amount of the <br />deposit and bond shall be sufficient, in the judgment of the director of public works, <br />to ensure the faithful performance of such conditions, and in no case shall the deposit <br />be less than the degradation amount provided for in this section nor the bond be less <br />than one thousand dollars ($1,000.00). All cash so deposited shall be kept in a <br />special fund in the city depository and shall he repaid after all deductions, if any, <br />have been made by the director of public works to satisfy such conditions and pay <br />a degradation amount to the city equal to the number of square feet of the excavation <br />cut multiplied by one dollar and fifty cents ($1.50). The degradation amount may be <br />adjusted by the director of public works from time to time to reflect changes in the <br />average cost to repair or maintain a public street, highway, alley or other public <br />place, easement or right-of-way earlier than would be required if the excavation or <br />disturbance had not occurred and caused accelerated depreciation. Upon completion <br />of the work to the satisfaction of the director of public works, the director of public <br />works shall authorize the termination of the bond. <br /> <br />If the excavation work is not commenced within thirty (30) days after the issuance <br />date of the permit, or if the work is suspended or substantially abandoned for a period <br />of thirty (30) days after the time of commencing the work, the permit shall become <br />invalid unless an application to extend this time is received prior to the expiration of <br />the period and the director of public works grants a time extension for good cause. <br />All excavation work must be completed by the expiration date specified in the <br />permit, which shall be set based upon the amount of time the director of public works <br />deems necessary to complete the excavation work, provided that the director of <br />public works may grant an extension of the expiration date for good cause. The <br />permit and all approved plans and specifications shall be available at the excavation <br />site at all times, and shall be produced for the director of public works upon request. <br /> <br /> <br />