(A) Prior to opening any right-of-way, street or sidewalk, a permit for such opening shall be obtained from the City of Elsmere in accordance with the requirements of the city. All person, firms, corporations, companies or other such business entities desiring to open a right-of-way, street or sidewalk for any purpose, whatsoever, including, but not limited to, accessing utilities, shall be required to first obtain a permit for such opening, by submitting an application for such permit from the City Clerk.
(B) Applicants for such permit required herein, shall, at the time of obtaining such permit deposit with the City Clerk a bond of a recognized surety company authorized and licensed to do business within the Commonwealth of Kentucky in favor of the city in a sum not less than one thousand dollars ($1,000) to insure the city against all costs and charges which may be incurred by the city incident of the city's repair of such right-of-way, street, or sidewalk so opened by the permit application. The City Clerk shall endorse upon the permit the date or receipt of the bond, the name of the surety company issuing such bond, and shall countersign the permit.
(C) The permit shall state with specificity the place where such opening of right-of-way, street and/or sidewalk is to be made, and the opening shall not be made at any other point than that noted upon such permit.
(D) All openings of city streets, sidewalks or rights-of-way shall adhere to any federal, state, and local laws and regulations, specifically including, but not limited to, the city guidelines for restoration and repair of openings established and adopted by municipal order, as the same may be amended from time to time, when repairing and/or restoring such openings. Failure to follow such guidelines shall constitute a violation of this chapter.
(E) Should any opening of any street, sidewalk or right-of-way not be returned to a safe and passable condition within five days of opening the same, the city shall be entitled to cause such work reconstruction and/or repair to be done at the cost of the entity which caused such opening to be undertaken, and the city shall be entitled to execute upon the bond posted with the city, if any, to be paid toward such cost. In no event shall the city's execution upon such bond be deemed to limit the remedies available to the city.
(F) Failure to comply with any of the provisions of this section shall subject such offender to the penalties provided in § 93.99.
(Ord. 1633-2012, passed 5-22-12)