§ 34A-14. Restoration of property.

(a)

Users of the right-of-way shall restore property affected by construction of facilities to a condition that is equal to or better than the condition of the property prior to the performance of the work. Restoration must be approved by the city manager.

(b)

Restoration must be to the reasonable satisfaction of the city manager and the property owner. The restoration shall include, but not be limited to:

(1)

Replacing all ground cover with the type of ground cover damaged during work or better either by sodding or seeding, as directed by the city manager;

(2)

Installation of all manholes and handholes, as required;

(3)

Backfilling all bore pits, potholes, trenches or any other holes shall be filled in daily, unless other safety requirements are approved by the city manager;

(4)

Leveling of all trenches and backhoe lines;

(5)

Restoration of excavation site to city specifications; and

(6)

Restoration of all landscaping, ground cover, and sprinkler systems.

(c)

All locate flags shall be removed during the clean-up progress by the permittee or contractor at the completion of the work.

(d)

Restoration must be made in a timely manner as specified by approved city schedules and to the satisfaction of city manager or designee. If restoration is not satisfactory and performed in a timely manner all work in progress, except that related to the problem, including all work previously permitted but not complete may be halted and a hold may be placed on any permits not approved until all restoration is complete.

(e)

If a person fails to restore property as set out in this section, the city shall give five (5) days written notice to the person at the address shown on the permit. If the person does not initiate repairs during the five (5) day period, or fails to complete the repairs within thirty (30) days thereafter the city may elect to repair such portion of the right-of-way as may have been disturbed by the person, its contractors, or agents at the cost of the person performing the right-of-way work. These time periods may be shorten or waived in cases of a threat to public health, safety or welfare. Upon receipt of an invoice from the city, the person will reimburse the City for the costs so incurred no later than thirty (30) calendar days from the date of the city invoice.

(f)

Should the city reasonably determine, within two (2) years from the date of the completion of the repair work, that any of the said restoration work failed to meet the existing standards of the city, the person shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies.

(g)

Notwithstanding any of the above sections, if the City determines that the failure of the person to properly repair or restore the right-of-way constitutes a threat to the public health, safety or welfare, the city may undertake emergency repairs and restoration efforts. The city may attempt to provide emergency notice to the person responsible, but is not obligated to do so. The right-of-way user shall promptly reimburse the city for all costs incurred by the city within thirty (30) calendar days from the date of the city invoice.

( Ord. No. 2017-9964, § 2, 8-10-17 )