(1) Except where waived by the city engineer, the permittee shall temporarily patch with asphalt material any backfilled trench in any vehicle, bicycle, or pedestrian travel lane the same day of trench backfill, until the final pavement repair is placed. Temporary trench repair shall be maintained sufficiently to prevent settlement or irregular surface. Temporary trench repairs in pedestrian areas shall not impede the safe and accessible travel for individuals with disabilities under the American with Disabilities Act. Within 60 days of completion of the work and at permittee’s expense the permanent pavement repair of the public way to city standards shall be done by a qualified contractor or by the permittee if the city engineer has determined the permittee has the resources and trained personnel. If the permittee fails to make the permanent pavement repair within the time specified, the city may make the repair and charge the cost thereof to the permittee without prior notification.

(2) A permittee shall be responsible to promptly remove and clean all excess earth, stone, crushed rock, rubbish, debris and any unused material from the public way surface that results from work performed. As work progresses, all public ways shall be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from such work. All cleanup shall be at the expense of the permittee. Upon failure to do so, within 24 hours after notification, the city may do the work and charge the cost thereof to the permittee. If in the judgment of the city engineer a hazardous or dangerous condition exists that affects the public health, safety and welfare, the notification requirement may be waived and the city may take necessary corrective action to remove the hazardous conditions and charge the costs thereof to the responsible party without prior notification.

(3) A permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutterline. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.