§ 38-37. Notice and correction of defects.

(a)

If work done or being done pursuant to a permit issued under the provisions of this article has not been done or is not being done in accordance with the permit or a street is not left in satisfactory condition, notice of such defect shall be given to the permittee in question. Such permittee shall be required to respond and correct the same according to the following schedule:

(1)

Immediately, when a hazard exists, posing danger to the health and safety of the public.

(2)

Within forty-eight (48) hours if condition (1) does not apply and the conditions exist within the pavement of a primary roadway.

(3)

Within seventy-two (72) hours if condition (1) or (2) does not apply and the condition exists within the pavement of any other roadway.

(4)

Within fourteen (14) calendar days if condition (1), (2) or (3) does not apply.

(b)

Upon receipt of a notice given under this section, should the permittee in question refuse or fail to correct the condition referred to in such notice within the specified time, the director of engineering may cancel the permit in question and/or cause the necessary work to be done, deducting the cost thereof from the bond or letter of credit; provided that, where a bond has been given pursuant to section 38-69, appropriate proceedings shall be carried out to recover the cost thereof. Where a bond or letter of credit is not required by this article, the cost of correcting any defective work shall be recovered through legal means.

(Ord. No. 62, § 11; Code 1961, §§ 36-43, 36-44; Ord. No. 3111-83, § 1; Ord. No. 3223-84)

(Ord. No. 62, § 11; Code 1961, §§ 36-43, 36-44; Ord. No. 3111-83, § 1; Ord. No. 3223-84)