(A) No person shall construct, build, establish, alter, install, place, or cause to be constructed, built, established, altered, installed, or placed, on the right-of-way of a public street, highway, or roadway, or the area dedicated for public street, highway, or roadway, any trench, structure, barrier, improvement, pipe, conduit, culvert, ground surface alteration, or other alteration of existing conditions without first having obtained a permit therefor from the Supervisor of the County Highway Department.
(B) The County Highway Supervisor shall, from time to time, prepare and submit to the County Board of Commissioners policies, requirements, regulations, and specifications which shall be applicable to projects on the public right-of-way for which permits are required. Following the adoption of such policies, requirements, regulations, and specifications by the County Board of Commissioners, the Highway Department Supervisor shall issue permits upon the filing of the application, supported by documentation that a proposed project will comply with such adopted policies, requirements, regulations, and specifications, and such bond as the Supervisor determines to be necessary. No project shall be so constructed, altered, or repaired as to prevent free and unobstructed passage over, on, or across said right-of-way in a safe manner, or in such a way as to interfere with the proper drainage and safeguarding thereof.
(C) Any trench, structure, barrier, improvement, pipe, conduit, culvert, ground surface alteration, or other alteration of an existing right-of-way condition performed, constructed, or installed, under a permit issued hereunder, shall be subject to removal by the County Highway Department, after written notice and without compensation, in the event that the County Highway Supervisor should determine that such removal is required for public safety, does not comply with the application, or is necessary to perform highway improvement or repair.
(D) The County Highway Supervisor may, from time to time, inspect, or cause to be inspected, any work performed on the county right-of-way to see to the enforcement of the provisions of this section. Notice shall be given to said Supervisor prior to such work as to the date and time when the work will be performed, and when filling, or refilling, of any trench, cut, excavation, or ditch will occur.
(E) Any construction, trench, structure, barrier, improvement, pipe, conduit, culvert, ground surface alteration, or alteration of the existing condition upon a public, or dedicated, street, highway, or roadway right-of-way in violation of the provisions of this section is hereby declared to be a public nuisance, and shall be abated in the same manner as other nuisances under statutes, regulations, and/or ordinances of the state and county.
(Ord. 02-04, passed 5-20-2002) Penalty, see § 150.99