No permit shall be issued which would permit an excavation,
or pavement cut, in a pavement less than three years old unless the
applicant can demonstrate clearly to the City Engineer that the public
health and safety require that the contemplated work be permitted.
This prohibition shall not apply to public agencies or public utilities
when repairs must be made to failed pipelines and conduits, or when
a new connection, which could not have been anticipated must be made.
If a permit is issued to open any pavement, which is less than three
years old, an additional charge shall be made for such opening; provided,
however, that such charge may be waived by the City Engineer when
a public agency or public utility can demonstrate to the satisfaction
of the City Engineer that the pavement opening is occasioned by circumstances
beyond its control.
The additional charge shall be 5% of the regular resurfacing
fee for each remaining month, or fraction thereof, of the three-year
restricted period. For example, if the pavement is 16 months old when
the opening is to be made, the additional charge will be 100% (20x5)
over the regular fee, or if the pavement is six months old, the additional
fee shall be 150% (30x5) over the regular fee. If the permittee chooses
to do his own pavement restoration under City inspection, the additional
charge, plus inspection and permit fees, shall be paid by the permittee.
(Added by Ord. 850, adopted 5-12-87)