As used in this article, the following terms shall have the
meaning as indicated:
PERMITTEE
A person who has been issued a permit.
STREET
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the City as a public
street, as well as any state or county road or highway over which
the City has acquired jurisdiction by agreement.
Whenever, in the opinion of the Commissioner of Public Works,
the nature of any street improvement through which an excavation has
been made is such that it will be for the best interest of the City
that the replacement holding the permit for the excavation to temporarily
fill in and close the same, bringing the filling to grade with such
tops as the Commissioner shall seem proper to make the same safe and
fit for public travel. In that event, any moneys deposited upon application
for the permit shall be held to meet the expense of such repavements
and the holder of the permit shall be entitled to receive only the
balance of the moneys so deposited after deducting the cost of repaving.
Money deposited and withheld, however, must be accounted for to the
holder of the permit within one year from the date of deposit.
Should the pavement not be replaced within 30 days in the manner
and condition to correspond with the remainder of the pavement on
the highway, the person holding the permit shall be in violation of
this article. In that event the City, under the direction of the Department
of Public Works, may repair that portions of the street, all expenses
shall be deducted from the permit fee on deposit with the Commissioner
of Revenue and Finance. Should there be a deficit after making this
deduction, the City may institute suit of recovery against the permit
holder in a court of proper jurisdiction.
Any person who shall violate, permit, allow or suffer to be violated any provision of this article shall be subject to a fine of not more than $200 for each violation, and the imposition of the payment of the required fees, as provided for in Chapter
155, Fees. For the purpose of this article, each day that a violation remains in effect may be considered a separate violation.