§ 113.086 FAILURE TO PERFORM STREET REPAIR.
   (A)   If the licensee causes damage to pavement, sidewalks, driveways, landscaping, or other property during construction, installation, or repair of its facilities, licensee or its authorized agent shall replace and restore such places as nearly as may be possible to the condition that existed before the damage occurred. All repair and restoration necessary to meet the requirements set forth in this section shall be at the licensee’s expense and in a manner acceptable to the town. The licensee shall further maintain all such repair and restoration related to the licensee’s activities, in the condition approved by the town, for one year following repair or restoration.
   (B)   Upon failure of the licensee to complete any work required by law or by the provisions of this chapter to be done in any street, within ten days following due notice and to the satisfaction of the Town Manager, the town may, at its option, cause such work to be done through its own forces or through a hired contractor. The licensee shall pay to the town the cost thereof in the itemized amounts reported by the Town Manager to the licensee within 15 days after receipt of such itemized report; or, at the town’s option, the town may demand of licensee the estimated cost of such work as estimated by the Town Manager, and the licensee shall pay the amount to town within 15 days of such demand. Upon award of any contract or contracts therefor, the licensee shall pay to town, within 15 days after demand, any additional amount necessary to provide for cost of such work. Upon completion of such work, the licensee shall pay to town or town shall refund to licensee such sums so that the total received and retained by town shall equal the cost to the town of such work. COST, as used herein, shall include 15% of all other costs for its own personnel and equipment and materials or for a contractor to compensate the town for its overhead, including inspection and supervision, and any interest charges incurred by town arising out of the licensee’s late payment to town under this section.
(Ord. 2003-07, passed 9-25-2003)