(a) No person shall use and access private property across any street or right-of-way other than in a designated area (driveway or alley) for the purpose of providing materials or labor to a private property for construction, reconstruction, alteration, conversion or change upon said private property estimated to be in excess of one thousand dollars ($1,000) unless such person first obtains a permit and conforms to the requirements set forth therein and in this section, all permits granted hereunder shall be non-exclusive.
(b) Applicants for permits, or renewals thereof, shall file an application therefore, in such form as Council may approve by motion, along with proper bond as set forth herein. The Village Administrator shall determine if the application is complete and shall make a final determination as to whether or not such permit should be granted and, if so, upon what terms and conditions. Applicant shall provide all relevant information as the Village Administrator deems necessary for determination, and approval for such shall not be given without such relevant information. The term of such permit shall be for one year. All permittees shall pay an additional work permit fee for each street opening or cut.
(c) Except as provided in this section, all applicants shall deposit as security for damage to the street or right-of-way or curbing thereof, cash or indemnity bond with loss payable to the Village of Ada at the time of filing of application for permit in the following estimated amounts over $1,000.
(1) Minimum $500.00 or 1% of total construction cost.
Example: Construction cost estimates $170,000 x .01 = $1,700
(2) The requirement of bond shall be waived upon proof of general liability insurance covering property damage by all contractors to be employed or used by applicant or, if no contractor is employed or used, by the applicant. Such liability insurance limits shall be in an amount sufficient to afford security for potential damage and in an amount not less than the cash or indemnity bond herein set forth for the estimated cost of construction/alteration. An applicant or contractor thereof may offer as proof a single policy of general liability covering property damage for waiver as set forth herein for multiple permit applications. but no waiver of the requirements of bond shall be allowed if the amount of bond required for each permit not terminated, in total, exceeds the limits of such single policy. Village Council, at its sole discretion, may waive all or part of the required bond on petition of applicant of exigent circumstances or financial hardship.
(3) Such cash or indemnity bond shall be applied to any damage to the street or right-of-way access, or public property thereupon, by permittee or his contractors, employees, or agents. Upon the inspection of the street or right-of-way access by the Village Administrator within 10 days after notification by permittee that construction upon the private premises has been completed, and the Village Administrator determines that no damage has been done by the permittee or his employees, contractors or agents, such permit shall be terminated as complete and the security, being cash or bond, shall be released by the Village.
(d) (1) The Village Administrator is responsible for the enforcement of this section. Each permittee shall indemnify, protect and hold harmless the Municipality from any claim, loss or damage arising in any way from the permittee's use of the right-of-way or from any such permittee's negligent or wrongful act or omission or that of his contractor, employee or agent.
(2) In the event any construction, reconstruction, enlargement, or change is made upon private property which shall utilize the street right-of-way without a permit as set forth herein or in violation of this section or any amendments or supplements thereto, the Village Administrator, Council or the Village Legal Counsel may institute appropriate action or proceedings to prevent such unlawful construction, reconstruction, alteration, conversion, or change, or to restrain, correct or abate such violation.
(e) In addition to any remedy set forth herein, any person violating this section shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. Each day such violation continues shall be deemed a separate offense. (Ord. 2011-08. Passed 7-19-11.)