11.10.060 Surety Bond.
Before an excavation permit as herein provided is issued, the applicant shall deposit with the City Clerk a surety bond in the amount of one hundred fifty percent (150%) of the cost to replace existing improvements that may be disturbed as allowed by the Excavation Permit, but no bond shall be approved for less than ten thousand dollars ($10,000). The required surety bond must be:
A. With good and sufficient surety;
B. By a surety company authorized to transact business in the state;
C. Satisfactory to the City Attorney in form and substance;
D. Conditioned upon the permittee's compliance with this Ordinance to fill up, restore, and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the Public Works Director, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after said work shall have been done, usual wear and tear expected, as it was in before said work shall have been done. Any settlement of the surface within said two-year period shall be deemed conclusive evidence of defective back-filling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the City if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his or her own sidewalk shall not be required to give such bond. An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified above and in other respects as specified above but applicable as to all excavation work in streets by the principle in such bond during the term of one year from said date.