§ 22-90. Repair, maintenance and restoration obligation of permittee.

Each permittee that has been issued a public right-of-way permit shall be responsible to maintain, repair, or reconstruct the site so as to maintain a condition acceptable to the city engineer for a period of one (1) year from the date of satisfactory completion of the work.

(a)

Subsurface or pavement failures. In the event that subsurface material, pavement, lawn surface or other areas over or immediately adjacent to any work in a sidewalk, street, roadway, lawn surface or other areas should become depressed, broken, or fail in any way at any time after the work has been completed, the city engineer shall exercise his best judgment to determine the person(s) responsible, if any, for the failure in the subsurface or surface of the public right-of-way and shall designate such person as the responsible party. The city engineer shall notify said person(s) of the condition, its location, and the required remedy, and such person(s) shall repair or restore, or cause to be repaired or restored, such condition to the satisfaction of the city engineer within the time specified in the notification. The city engineer may extend the time for the responsible party to repair or restore the affected public right-of-way in writing upon written request by the responsible party.

(b)

Repair by the city.

(1)

In the event that any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the city engineer's notice as set forth in subsection 22-90(a) above, the city engineer may repair or restore, or cause to be repaired or restored, such condition in such manner as the city engineer deems expedient and appropriate. The person(s) identified by the city engineer as the responsible party shall compensate the city for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the city that were made necessary by reason of the repair or restoration undertaken by the city. If the responsible party is a permittee, the cost of such work also may be deducted from the permittee's deposit pursuant to subsection 22-85(a)(1). The city engineer's determination as to the cost of the repair or restoration performed shall be final.

(2)

Repair or restoration by the city in accordance with this subsection 22-90(b) shall not relieve the person or permittee from liability for future pavement failures at the site of the repair or restoration.

(c)

Emergency remediation by the city.

(1)

If, in the judgment of the city engineer, the condition of a site is considered hazardous or if it constitutes a public nuisance, public emergency, or other imminent threat to the public health, safety, or welfare that requires immediate action, the city engineer may order the condition immediately remedied by a written, electronic, or facsimile communication to the person responsible, if any, for remedying the condition and shall designate such person as the responsible party.

(2)

If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to remedy the condition as specified in said communication, the city engineer may remedy the condition or cause the condition to be remedied in such manner as the city engineer deems expedient and appropriate. The person identified by the city engineer as the responsible party shall compensate the city for any reasonable costs associated with administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the city or other agencies, boards, commissions, departments of the city that were made necessary by reason of the emergency remediation undertaken by the city. If the responsible party is a permittee, the cost of such work may be deducted from the permittee's deposit pursuant to subsection 22-85(a)(1). The city engineer's determination as to the cost of any remediation performed shall be final.

(3)

Repair or restoration by the city in accordance with this subsection (b) shall not relieve the person or permittee from liability for future pavement failures at the site of the repair or restoration.

(Ord. No. 18-2009, § 2, 5-5-2009)