(A) It shall be unlawful for any person to cut into any paving, curb, or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the governing body therefor. Before any permit is issued by the governing body, the applicant shall inform the Village Clerk of the place where such cutting is to be done, audit shall be the Utility Superintendent’s duty to inspect the proposed place of entry into the paving, sidewalk, or curb and report to the governing body regarding the propriety of the location of the cuts. It shall be discretionary with the governing body to order the Utility Superintendent to do the work of cutting and closing the paving and charge the costs thereof to the party who obtained the permit. The governing body may consent to the work of cutting and closing the paving to be done by the party applying for the permit.
(B) Before any permit is issued by the governing body, the applicant shall deposit with the Municipal Treasurer the sum of $1,000 for all paving, curb, or sidewalk to be cut. The deposit shall be retained by the municipality for the purpose of replacing the paving, curb, or sidewalk in the event the work is done by the municipality. In the event the municipality consents to the work of cutting and closing the paving to be done by the party applying for the permit, the deposit shall be retained by the municipality until the work is completed to the satisfaction of the governing body. If the work is not done to the satisfaction of the governing body, the municipality may take corrective action to remedy any deficiencies in the work done by the permit holder and apply the deposit to cover the cost of the corrective action. If the deposit is insufficient to cover the cost of the corrective action, the permit holder shall be liable to the municipality for the balance of the cost of the corrective action.
(C) When the permit holder is ready to close the opening made, the permit holder shall inform the Utility Superintendent, who shall supervise and inspect the materials and the work done in closing the opening. No paving or sidewalk shall be replaced until the ground below is adequately backfilled and compacted to the satisfaction of the Utility Superintendent.
(Prior Code, § 8-401) (Ord. 2007-2, passed 5-9-2007) Penalty, see § 94.99
Statutory reference:
Related provisions, see Neb. Rev. Stat. 17-505