In order to conserve new paving and resurfacing of streets, pavement cuts are prohibited therein except for emergency repairs or upon payment of a penalty charge. The maximum period of time for which a penalty shall apply to a street shall be five years. The penalty shall be five times the cost of restoring the pavement surface during the first year, four times the restoration costs during the second year, three times the restoration costs during the third year, two times the restoration costs during the fourth year and equal to the restoration costs during the fifth year. This penalty fee shall be computed in addition to the normal resurfacing charge and shall be computed from the date at which the city accepted the newly paved surface. In order to avoid the necessity of these penalties, the city shall inform utilities and affected property owners before new paving or resurfacing is performed. Provided, however, this section shall not apply to any necessary reservicing of utility lines serving existing structures.

(Ord. 1942, passed 11-10-97)