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(A) No person, utility, company, or entity shall cut, excavate, damage, or in any way alter any street, sidewalk, water line, or sewer line, nor dig, excavate, alter, damage, burrow, tunnel, bore or in any way disturb public rights-of-way and/or easements in the city without first obtaining a permit for such action from the City Maintenance Supervisor or his designee. In addition, no person shall cause such action to be done or suffer or permit any person acting on his behalf or under his control to do such action without first obtaining a permit. This subchapter shall apply to storm and sewer lines and related facilities on private property if the lines and related facilities are part of or connected or which will become part of or connected with the storm and sewer systems owned, operated and/or maintained by the city.
(B) The permit shall be granted pursuant to application therefore made to the City Maintenance Supervisor in such manner and in such form as he may prescribe. A fee of five dollars ($5.00) shall be paid for each such application. A separate permit shall be required for each street, water line, or sewer line sought to be cut, excavated, or altered, and for each area of right-of-way and/or easement sought to be dug, excavated, altered, damaged, burrowed, tunneled, bored, or in any way disturbed. The permit shall contain a clause whereby the permittee agrees to be bound by the terms of this subchapter and the appendix following this chapter. The approved permit shall remain at the job site to be presented upon request.
(C) The permit required hereunder shall be available at the offices of the City Clerk, Alexandria City Building, 8236 West Main Street, Alexandria, Kentucky 41001, during regular business hours of the city. Should an emergency arise such that it would be impossible or impractical to obtain a permit prior to such time that a cut, excavation, boring or other activity which would require a permit, then:
(1) The city shall be notified immediately that such activity will take place by telephoning the City Clerk’s office at (859) 635-4125, or the City Police at (859) 635-4126; and,
(2) A permit shall be obtained as soon as is reasonably practicable after such activity has begun.
(D) Any violation of §§ 91.02(A), (B) or (C) is hereby classified as a civil offense pursuant to KRS 65.8808 and subchapter § 35.60 et seq. and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with §§ 91.02(A), (B) or (C), and nothing contained herein, or in subchapter § 35.60 et seq. shall prohibit the enforcement of § 91.02(A), (B) or (C) by any other means authorized by law, specifically, without limitation, the provisions of § 91.99.
(1) If a citation for a violation of § 91.02(A), (B) or (C) is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be fifty-five dollars ($55.00) for the first offense, ninety-five dollars ($95.00) for the second offense, and two hundred fifteen dollars ($215.00) for the third, and thereafter, offense.
(2) If a citation is contested and a hearing before the Code Enforcement Board is required, the maximum civil fine which may be imposed at the discretion of the Board shall be from twenty dollars ($20.00) to two hundred dollars ($200.00) for the first offense; from sixty dollars ($60.00) to six hundred dollars ($600.00) for the second offense; and from one hundred eighty dollars ($180.00) to one thousand eight hundred dollars ($1,800.00) for the third, and thereafter, offense.
(3) Each section violated shall be considered a separate fineable offense. If two (2) or more sections are violated, the fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense upon issuance of a separate citation.
(Ord. 10-83, passed 10-13-83; Am. Ord. 8-94, passed 8-3-94; Am. Ord. 8-99, passed 4-1-99) Penalty, see § 91.99