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171 <br /> <br />Section 33-32.10 Repro: <br /> <br /> Each permittee that excavates or causes to <br />way shall be responsible to maintain, repair, or <br />maintain a condition acceptable to the director <br />reconstructed, repaved, or resurfaced <br /> <br />Section 33-32.11 Subsurface or Pavement Failures. <br /> <br /> In the event that subsurface material or pavement over or immediately adjacent to any <br />excavation should become depressed, broken, or fail in any way at any time after the excavation <br />has been completed, the director shall exercise his or her best judgement to determine the <br />person(s) responsible, if any, for the failure in the subsurface or surface of the public right-of- <br />way and shall designate such person as the responsible party. The director shall notify said <br />person(s) of the condition, its location, and the required remedy, and such person(s) shall repair <br />or restore, or cause to be repaired or restored, such condition to the satisfaction of the director <br />within five (5) working days of the notification. The director may extend the time for the <br />responsible party to repair or restore the affected public right-of-way. <br /> <br />Section 33-32.12 Repair by the Department. <br /> <br />(a) <br /> <br />In the event that any person(s) fails, neglects, or refuses to repair or restore any <br />condition pursuant to the director's notice as set forth in section 33-32.11, the <br />director may repair or restore, or cause to be repaired or restored, such condition <br />in such manner as the director deems expedient and appropriate. The person(s) <br />identified by the director as the responsible party shall compensate the City for <br />any costs associated with the administration, construction, consultants, <br />equipment, notification, remediation, repair, restoration, or any other actual costs <br />incurred by the City that were made necessary by reason of the repair or <br />restoration undertaken by the department. The cost of such work also may be <br />deducted from the permittee's deposit pursuant to section 33-32.4 or the director <br />shall revoke the applicants permit and only reissue the permit or any future <br />permits until all repair work done by the City has been reimbursed. The <br />director's determination as to the cost of the repair or restoration performed shall <br />be final. <br /> <br />Co) <br /> <br />Subject to the limitation set forth in section 32-33.16, repair or restoration by the <br />department in accordance with this section shall not relieve the person(s) from <br />liability for future pavement failures at the site of the repair or restoration. <br /> <br />Section 33-32.13 Emergency Remediation by the Department. <br /> <br />(a) <br /> <br />If, in the judgement of the director, the site of an excavation is considered <br />hazardous or if it constitutes a public nuisance, public emergency, or other <br />imminent threat to the public health, safety, or welfare that requires immediate <br />action, the director may order the condition remedied by a written, electronic, or <br />facsimile communication to the person(s) responsible, if any, for remedying the <br />condition and shall designate such person as the responsible party. <br /> <br />7 <br /> <br /> <br />