(A) Before commencing any work on village property for which a permit is required, the applicant shall post with the village a cash deposit or other form of surety bond or letter of credit approved by the Building Commissioner, as a municipal property damage deposit covering the amount of damage which may be done to village property along the frontage of the lot on any street or other public right-of-way or easement contiguous or adjacent to the premises for which permit is issued, while performing work under the permit. The amount shall be established by the Building Commissioner.
(B) The deposit shall be held by the Village Treasurer until the work under the permit is complete.
(C) Any and all damage to village property, including the public right-of-way, infrastructure or other public property, that is caused by the property owner, its contractors or agents, shall be repaired, replaced or otherwise remedied by, and at the sole expense of, the property owner. The village shall also have the right, at its option, to make the necessary repairs and deduct the cost of the repairs from the amount of the deposit. If the cost of repairs exceeds the amount of the deposit, the additional cost shall be charged to the owner of the property on which the work is being done.
(D) If the village draws on the deposit, the applicant shall be required to replenish the deposit to the full amount required by this provision upon written demand to the applicant by the village. Any failure of the applicant to replenish the deposit when requested may result in the issuance of a stop-work order for work under the permit.
(E) Within 30 days after completion of the work under the permit, the village shall return any unused portion of the deposit to the applicant, without interest. No part of the deposit shall be returned, however, unless the property owner and the contractor have provided the village with a written warranty providing that for a period of two years, the property owner and the contractor, jointly and severally, shall reimburse the village for any costs incurred in repairing damage to village property that is attributable to the work completed under the permit.
(F) No further permits shall be issued to the property owner or the contractor unless all payments arising under the warranty have been made to the village’s satisfaction.
(G) In the event that the requirements of any other section of this code also require a bond or deposit for damage to village property, the deposit required by this section shall be provided and additional bonds or deposits for damage to village property pursuant to those other sections shall not be required.
(Ord. 941, passed 7-11-2005)