Section 12.16.140 Permittee responsibility.
A. The permittee, in accepting and acting under the permit
granted in Section 12.16.110,
agrees to assume full responsibility for injury to persons or losses or damage to property incurred
by reason of or arising out of any act or omission of such permittee in making such excavation,
cut or opening or in failing to properly barricade, guard and warn the public of such excavation
or trench, and further agrees to assume full responsibility for injury to persons and losses or
damage to property incurred by reason of or arising out of any settlement of a restored area
occurring within two years of the date of completion of the permanent resurfacing.
B. If any settlement in a restored area occurs within
two years of the date of completion of
the permanent surfacing, it shall be considered as conclusive evidence of defective backfill.
Upon failure or refusal of such permittee to correct such settlement within five days after notice
by the director, any expense incurred by the city in correcting such settlement shall be paid by
the permittee.
C. This permit requirement is independent of any permit
or inspections required by the
director of public works. (Ord. 195 (part), 2002)
