(1) Any person, firm, corporation, or any other entity who shall be in violation of §§ 97.60 et seq., or any amendment thereto, shall receive a fine of not more than $500 and costs. Each day an entry or cut is made without the issuance of a proper permit under this chapter shall constitute a separate offense, and each separate offense shall subject the violator to a separate fine as provided herein.
(2) Special provisions. Any person, firm, or corporation, or any other entity who shall be in violation of § 97.62(H)(1) shall be subject to a fine twice that of the original encroachment application fee. Each day an entry or cut is without the issuance of a proper permit under this chapter shall constitute a separate offense, and each separate offense shall subject the violator to a separate fine as provided herein.
(4) In accordance with any other sanction under §§ 97.60 et seq, a person who fails to install or to maintain the approved public improvements in accordance with the approved construction plan shall be liable to the City of Bedford in a civil action for damages in an amount equal to the cost of installing or maintaining the controls, all engineering fees, court costs, litigation expenses, and attorney’s fees incurred by the city.
(5) Any persons, firm, corporation, or any other entity who fails to secure any service that can cause damage to property or health due to its failure shall receive a $500 penalty for every 24-hour period that corrections are not made. The 24-hour period will start from the time the damaged service is reported. This application should fall under § 97.62(E)(2) on procedures and time frames.
(6) Any governing authority that recovers damages in accordance with this division shall deposit them in a special fund, to be used solely for:
(a) Correcting, to the extent possible, the failure to install or maintain the public improvements according to the approved plans and specifications;
(b) Correcting, to the extent possible, the failure to follow the procedures outlined under permits issued in accordance with §§ 97.60 et seq.; and
(7) The City of Bedford shall hold the right to secure and/or complete without prior notification to the applicant any and all permit cuts found to be public safety concerns. Costs incurred by the City of Bedford, for any and all actions taken by the city, shall be reimbursed by the permittee/applicant, as reflected in the Appendix.
(8) Failure to complete permanent patches within the 20 working day requirement shall result in a fine of $100 per day and up to five working days. In the event the repairs are not made in this time period, the city may repair the patches as defined in division (7) above, including all fines. If during construction the contractor does not secure the open cuts properly and provide cones and barricades for safety, the City of Bedford will impose the costs as described in the Appendix. Exceptions will be allowed with a wintertime patch to be replaced within 20 days after the opening of the asphalt plant.
(‘67 Code, § 1.09) (Am. Ord. 14-2009, passed 5-12-09; Am. Ord. 25-2021, passed 11-15-21)
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