(1) If the work permitted is in an unimproved public way, the permittee shall be responsible for restoration and maintenance of the area of the public way affected by the work for one year after completion of the work.

(2) If the work permitted is in an improved public way, the permittee shall be responsible for restoration and maintenance of the area of the public way affected by the work. If more than one permittee has performed work in the same area, the city engineer shall allocate the responsibility and cost for restoration and maintenance taking into account the nature of the work done, and of the deterioration that has occurred, when each permittee performed the work, the kind of equipment and construction techniques used, and such other factors as the engineer deems relevant.

(3) Upon reasonable notice under the circumstance, if the permittee fails to restore and maintain the public way affected by its work, the city may perform the work and charge the cost to the permittee.