§ 24.60.060. Utility installations—Restoration warranty for work inside a roadway prism; remedies.

A.

Restoration warranty for work inside a roadway prism. A utility performing work in a roadway prism under a permit required by this title shall warrant the performance of the excavation, backfill, compaction and resurfacing, this work together termed "restoration." The warranty period shall start when the permit is closed. The utility shall warrant the performance of the restoration shall be at least equal to the performance of the adjacent surface grade and cross-section, until such time as the roadway prism within and adjacent to the restored area is resurfaced by asphaltic overlay or removal and replacement. Permittee shall also warrant that the joint between the restored area and existing surfacing shall be free of cracking and separation.

B.

Remedies. If at any time the municipality determines that the restoration described in subsection A has not performed at least equal to the adjacent surface grade and cross-section, it will notify the utility in writing that the restoration must be reconstructed in accordance with the municipal standard specifications, details, and design standards. Crack sealing alone is not an approved reconstruction method. Within five business day of receipt of such written notice, the utility shall begin to reconstruct the restoration at its sole expense. The utility shall obtain a permit in accordance with the requirements of this title prior to commencement of the reconstruction. If such reconstruction is ordered during the winter, the utility may be required to provide temporary resurfacing or patching until conditions allow reconstruction, which shall be performed within 30 days therefrom. Following reconstruction, the restoration warranty shall continue in accordance with subparagraph A. If the utility fails to begin reconstruction within five business days following receipt of the notice, the director of development services may proceed to perform the reconstruction and recover from the utility all expenses necessary to accomplish the work, including the costs of collection. The utility shall be subject to a fine of $1000.00/day for each day the utility has not started reconstruction or temporary resurfacing or patching as required after receipt of the notice to do so. In addition, fees and a fine pursuant to title 14 may be assessed the utility.

(AO No. 99-13(S), § 14, 3-16-99; AO No. 2003-68, § 9, 9-30-03)