(a) Consistent with the restrictions enacted by Ordinance 2022-9, no person, firm or corporation may locate any Temporary Storage Container or Dumpster (hereinafter "Unit" or "Units") in the public street, nor upon or across a public sidewalk except when a permit is issued by the Village Administrator, which permit shall be issued in the discretion of the Village Administrator when it is shown by the applicant for the permit that there are extraordinary circumstances which create a hardship requiring location of the Unit in the street or upon or across a public sidewalk.
(b) Upon receipt of such application for a permit, the Village Administrator shall weigh the facts to determine if there are extraordinary circumstances and/or a hardship versus convenience requiring the placement of such Unit in the restricted locations. The Village Administrator shall consider how long the Unit shall be located in such restricted locations, whether or not the Unit may cause a traffic hazard or concern, and whether or not the Unit as placed may cause damage to the sidewalk or public street.
(c) The Village Administrator in issuing such permit may set a very specific time limit upon such permit, which time limit may be shorter than the period of time permitted under Ordinance No. 2022-9, may require appropriate traffic warnings including reflectors and/or traffic cones to manage any public safety concerns, may require such Units to be placed upon boards or other movable items to preserve the public street and sidewalk, and may impose such other reasonable restrictions as may be necessary for public safety. The Village Administrator also may require an appropriate security bond to be posted with the Village to preserve and protect the public sidewalk and public street against any damage. Applicants who do damage the street shall be responsible to restore the damaged pavement to the satisfaction of the Village Administrator and/or Village Engineer. Upon failure or refusal of the permittee to satisfactorily repair and restore the surface within a reasonable time after removing the Unit from the street, the Village may proceed without notice to make such restoration and the bond required shall be deemed forfeited. Thereupon such Bond funds shall be paid into the General Fund for street repairs. Any funds forfeited in excess of such repair costs shall be paid to the permittee. If the amount of such restoration services performed by the Village should exceed the amount of such deposit, the Village Fiscal Officer shall proceed to collect the remainder due from the permittee. If the security posted is a surety bond, notice shall be given to the appropriate surety to complete such restoration. Any cost incurred by the Village to pursue collection for such excess costs shall be at the cost of the permittee including reasonable attorney's fees.
(d) If the permit is denied or if the applicant would not agree to the permit requirements, the applicant must either adhere to the requirements of Ordinance No. 2022-9 or the applicant may seek a variance through the Planning Commission under the processes outlined in Section 1143.28 of the Codified Ordinances.
(Ord. 2022-10. Passed 11-28-22.)