§ 91.99 PENALTY.
   (A)   In the event that an applicant completes a road cut on county right-of-way without the issuance of the proper permit, the applicant may be fined up to the maximum allowed by state statute. Additionally, the applicant may be required to comply with the provisions of § 91.99(B), (C), and (D) if the work is found to be unacceptable for any reason. Each day may be treated as a separate offense.
   (B)   (1)   In the event that the applicant does not reconstruct the roadway and/or any other affected areas to the specifications as determined by this chapter, within 30 calendar days of the date of notification by the CCHD, the county may fine the applicant up to the maximum allowed by state statute. Additionally, the applicant will be given one opportunity to make the necessary corrections as defined by the County Highway Superintendent. This work must be completed within 30 calendar days of notification that the work was unacceptable or within a time frame that is agreed upon in writing prior to the expiration date by the County Highway Superintendent. Failure of the applicant to meet this requirement will result in the completion of the required work by the CCHD or its designate. The applicant will be financially responsible to reimburse the county in total for any and all costs related to remediating the road and/or any other affected areas.
      (2)   (a)   The applicant will be notified by certified mail as to when the work is complete and the total costs due for performing the required work. This payment in full will be due 30 calendar days after receipt of the certified letter from the CCHD to the applicant.
         (b)   An applicant who agrees to have the CCHD perform the required restoration and/or remediation of the road cut as provided in § 91.02(O) may be fined the maximum amount allowable by state statute. In addition, the applicant (to include any parties used by the applicant to perform the initial road cut), may be prohibited from any further work requiring a permit and approval by any county governmental agency until such time that any outstanding fees are paid in full. Finally, the CCHD Superintendent, or his or her designate, will have the authority to require the applicant to pay all fees up front for any future requests of this nature.
      (3)   Each road cut may be treated as a separate offense.
   (C)   (1)   Regarding § 91.99(A) through this section (C), the applicant’s financial responsibility will be determined at wage levels, equipment and material rates being assessed at the time the work is completed. The remediation of the affected area and the financial assessment to be borne by the applicant will be repeated as many times as necessary during the 12-month time frame to bring the road back to its original condition prior to the applicant’s work efforts being undertaken.
      (2)   As stated previously, this work will be performed by personnel from the CCHD and/or by parties assigned by the CCHD Superintendent.
   (D)   (1)   If it becomes necessary, all legal venues will be pursued to recover all costs related to this activity and process. The applicant, to include any and all parties involved with directing or performing the work, will be barred from doing any further work on county roads and properties owned, or under the supervision of, the county.
      (2)   Further legal sanctions may be pursued if the situation warrants, and as determined by the County Highway Superintendent and/or the Board of County Commissioners.
(Prior Code, § 91.99) (Ord. 07-05, passed 5-7-2007; Ord. 08-12, passed 11-3-2008; Ord. 09-02, passed 4-6-2009; Ord. 09-12, passed 9-8-2009; Ord. 10-11, passed 12-6-2010)