(A) The Department of Public Services is exempted from the provisions of this subchapter.
(B) If the place or places where the excavation and repairs are refilled or replaced under the provisions of this subchapter fail within the life of the street pavement or before the street is repaved by the town, the permittee shall, at his own expense within ten days after receipt of written notice from the Clerk-Treasurer, refill and resurface it.
(C) If the permittee fails to refill or resurface after the receipt of ten days written notice, the town shall make the necessary repairs and render a statement of charges to the permittee which statement shall be due and payable within 30 days after receipt of the statement.
(D) Should any excavation, cut, jacking, or boring in project be willfully started by a person or entity before receiving the permit required by this subchapter, said person or entity shall for each violation be fined an amount not to exceed $1,000 and such excavation, cut, jacking, or boring shall be stopped and temporarily repaired until a proper permit has been issued.
(E) In addition to all other penalties and fines, if any person or entity violates, or commits any act prohibited herein, or fails to perform any duty lawfully mandated, within the time prescribed, or fails, neglects, or refuses to obey any lawful order given by the town in connection with the provision of this article, such person or entity shall be fined $100 for the first offense and $500 for each subsequent offense within a calendar year. Each such violation, act, failure, or refusal, and every day the aforementioned continues shall constitute a separate offense.
(Ord. 2018-09, passed 1-7-2018)