§ 78-84. Failure of work; warranty.

(a)

Should settlement occur over restored trenches or excavations or should there occur any other failure due to faulty construction, within a period of one year after restoration, it shall be the obligation of the permittee who did the work to correct the settlement and/or failure, including refilling, tamping and repaving, resodding and reseeding.

(b)

The public works department shall notify, by certified mail or by personal delivery, the permittee of any condition due to settlement and/or any other failure of restoration. The permittee shall have ten days after receipt of the notice to make the necessary corrections, including opening, refilling, tamping and repaving, resodding and reseeding, as may be required by the public works department.

(c)

If the permittee fails to respond to proper notice as set forth in subsection (b) of this section, the city-parish consolidated government shall have the right to perform the necessary corrective work. If the city-parish consolidated government performs the necessary corrective work, the actual cost, plus a 25 percent administrative charge to the city-parish consolidated government in having to perform the work, is declared to be an obligation of the permittee who did the excavation work. After the city-parish consolidated government has performed the necessary corrective work, the city-parish consolidated government shall invoice the permittee for the actual cost, plus a 25 percent administrative charge, and the permittee shall have ten days in which to pay the invoice in full. If the permittee fails to pay the invoice in full within ten days, the city-parish consolidated government shall have the right to enforce collection of the actual cost, plus a 25 percent administrative charge, plus all costs of prosecuting the suit, in any court of proper jurisdiction.

(d)

In addition thereto, the public works department shall have the right to revoke a permit upon any violation by the permittee of this division, and shall also have the right to refuse a future permit to a person or owner of utilities who has, in the past, failed to comply with all the requirements of this division.

(City Code 1965, § 19-24)