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The City shall notify all abutting property owners along the affected portion of a street proposed for opening by the City, and a permittee shall notify all property owners as determined by the last tax assessment rolls, of the intent to open the street and shall provide to each owner, an opportunity to place, at the owners expense, laterals for the utilities to their property, prior to closing the trench. No excavation for laterals shall be allowed for a period of three (3) years after construction, reconstruction, or resurfacing of a street, where such notice was given and the property owner declined to install the lateral within the time allotted prior to said construction, reconstruction, or resurfacing.
The City Engineer may waive this barrier to entering a street if a determination is made, that the required notice was not sent, and, at the Engineer's sole discretion, it is determined that the excavation is necessary to provide an essential service that cannot be provided, except by cutting the street. The permittee shall pay a fee equal to the estimated damage to the useful life of the street and repairs and repaves that portion of the street necessary to restore it, as close as possible, to its original condition, as determined by the City Engineer.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-54, Enacted, 11/4/1999
Ord. No. 05-08, Amended, 3/17/2005