§ 97.99 PENALTY.
   (A)   Upon the failure of any entity to properly repair and restore any cut, excavation, or alternation to the city right-of-way, or failure to maintain any facility placed in the right-of-way, the city may authorize the repair or restoration of the area in a proper manner and charge the cost to the entity who violated this chapter (and/or the entity upon whose behalf the work was done). In the event the city must make the repair or restoration, in addition to its other remedies, the city shall have a lien under the authority of KRS 65.8840 for the abatement of nuisance conditions against any property of the entities (if any) that the work directly benefits, or on whose behalf it was undertaken. The lien shall be recorded in the County Clerk’s office and shall bear interest at 12% per annum thereafter until paid.
   (B)   In addition to the remedies set out above, the city shall cite any person, utility, company or entity for each violation of this chapter in an amount not more than $500 per violation. Each day of violation shall be considered 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 this chapter may be denied permission to make any future cuts or excavations until it fully remedies past violations and pays any outstanding fines.
(Ord. 2-24-20, passed 3-23-20)