(A) Whoever violates any provision of this chapter, for which no specific penalty is otherwise provided, shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than $500.
(B) (1)The city may, upon repeated violation of §§ 91.01 or 91.02, require any entity to post a performance bond prior to initiating any work in the city, by cash or certified check, in the amount of $15.00 per square foot of the area to be disturbed (minimum fee of $150.00), to defray the cost of performing repair and restoration work.
(2) Upon the failure of any entity to properly repair and restore any cut, excavation, or alteration, the city may authorize the repair or restoration of the area in a proper manner and charge said cost to the entity who made the repair, cut, excavation, or alteration (and/or the entity upon whose behalf the work was done). In the event the city must make the repair or restoration, the city shall have a lien against any property of said entities (it any) that the work directly benefits, or on whose behalf it was undertaken. The lien shall be on record in the Clerk's office and shall bear interest at 12% per annum thereafter until paid.
(3) In addition to the remedies set out above, the city shall cite any person, utility, company or entity for each violation and any person, utility, company or entity violating §§ 91.01 or 91.02 shall be guilty of a misdemeanor, and upon conviction shall pay a fine of not more than $500.00, or be imprisoned not to exceed six months, or both fine or imprisonment. Each street, sidewalk, right-of-way, easement, or drain which is cut, excavated, burrowed, tunneled, bored, disturbed, damages or altered, shall be deemed a separate offense. Further, if deemed necessary by the city to protect the public ways and public utilities of the city, any entity repeatedly violating §§ 91.01 or 91.02 may be denied permission to make any future cuts or excavations.
(Ord. 11-02, passed 2-22-11)