A. Permanent resurfacing of excavations may he made where the type of consolidation used in replacing the backfill is adequate, in the opinion of the administrative authority, to prevent settling and when the moisture content of the backfill is not excessive. In the event the type of consolidation used in replacing the backfill is not adequate to prevent further settling or the moisture content is excessive, temporary resurfacing shall be provided. If temporary surfacing is provided, the top surface of the backfill shall be covered with one inch of bituminous material. Such temporary paving material shall be cold mix, except that the permittee may use or the administrative authority may require hot mix. All temporary paving material shall conform close enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving for a period not exceeding ninety days after all backfilling is completed, unless additional time is required by the administrative authority, and shall keep the area safe for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving; except that, if it is impracticable to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicular traffic, then the permittee shall maintain barriers and lights where required in this chapter.

B. Acceptance or approval of any excavation work by the administrative authority shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required under this chapter for incomplete or defective work if discovered within twenty-four months from the completion of the excavation work. The administrative authority’s presence during the performance of any excavation work shall not relieve the permittee of its responsibilities under this chapter. (Ord. 106 §21, 1961).