§ 24.60.070. Utility installations—Restoration warranty for work outside a roadway prism; remedies.  


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  • A.

    Restoration warranty for work outside a roadway prism. A utility performing work outside a roadway prism under a permit allowed by this title shall warrant the performance of the excavation, backfill, compaction, and any landscaping and surfacing, this work together termed "restoration." The utility shall warrant the performance of the restoration at least equal to the performance of the adjacent surface grade and cross-section for up to five years from completion of the work. If work outside of the roadway prism affects the roadway prism, the utility shall restore the affected road prism area and warrant such restoration pursuant to section 24.60.060. The warranty period shall start when the permit is closed.

    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 in accordance with the subsection, 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 10 days of receipt of such written notice, the permittee shall 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 allowed to provide temporary resurfacing or patching until conditions allow reconstruction, which shall be performed within 30 days therefrom. Following reconstruction, the restoration warranty period shall start anew, in accordance with subparagraph A. If the utility fails to accomplish the reconstruction within ten days following receipt of the notice, the director of development services may proceed to perform the reconstruction and recover all expenses necessary to accomplish the work, including the costs of collection. In addition, the utility shall be subject to fees and a fine pursuant to title 14.

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