(A) General. Facilities on, over, above, along, upon, under, across, or within rights-of-way are to be maintained by or for the entity in a manner satisfactory to the village and at the entity's expense.
(B) Emergency Maintenance Procedures. Emergencies may justify non-compliance with normal procedures for securing a permit:
(1) If an emergency creates a hazard on the traveled portion of the right-of-way, the entity shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available.
(2) In an emergency, the entity shall, as soon as possible, notify the Director of Public Works or his or her duly authorized agent of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the village police shall be notified immediately.
(3) In an emergency, the entity shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
(C) Emergency Repairs. The entity must file in writing with the village of a description of the repairs undertaken in the right-of-way within 48 hours after an emergency repair.
(D) Landscape Maintenance. All landscaping installed pursuant to this chapter shall be maintained by the person or entity owning, controlling, or maintaining the adjacent facility in good and reasonable condition. Any person or entity failing to maintain any such landscaping after receiving written notice from the Community Development Director that the landscaping is in need of maintenance shall not be issued any permits for the installation of new facilities until the deficient landscaping has been restored to good and reasonable condition.
(Ord. 1420-07, passed 12-18-07)