A. If the public works director determines that there is a potential for injury, damage, or expense to the city as a result of damage to persons or property arising from an applicant’s proposed right-of-way excavation permit, the applicant shall be required to make a cash deposit, or to provide a surety device or insurance in a form acceptable to the public works director or designee for the activities described in the subject permit. The amount of the deposit, surety device, or insurance shall be determined by the public works director or designee.

B. The requirements for performance deposits, surety devices, and insurance are based on considerations of permittee’s prior performance, permittee’s ability to pay, nature of the proposed use, costs of the activity, length of use, public safety, potential damage to right-of-way, and potential liability or expense to the city.

C. If the public works director determines there is a potential danger to public health, safety or welfare as a result of the permittee’s actions or lack thereof, he may immediately perform such steps as necessary to ensure public safety and all costs incurred shall be deducted from the deposit, charged against the surety device, billed to the permittee directly or secured through a lien on affected properties. (Ord. 2711 § 4, 2005)