(A) No person other than a village employee or its agent shall make any opening into, cut into, break or otherwise disturb any street, alley or public way of the village unless that person has obtained a permit from the Zoning Administrator and paid a permit fee as established from time to time by Council and set forth in the village’s fee schedule.
(B) No permit shall be issued to cut into, break or otherwise disturb or damage village roads or streets until and unless a deposit is made in the amount per square foot of road to be damaged, as specified in the fee schedule, which can be amended from time to time without amending this ordinance. That deposit will be refunded when it is determined by the Street Commissioner that the damaged area of the road is properly repaired with a minimum of ten inches of 304 stone and a minimum of four inches of asphalt. If asphalt is not available due to the season, the applicant shall fill the damaged area with cold patch. The applicant will then have 30 days after asphalt plants open or until June 1st to repair the damaged road as set forth above.
(C) (1) Before a permit is issued, the village shall also require a maintenance bond. The bond shall be in an amount equal to the deposit in division (B) and shall be held by the village for one year from the date the repaired road passes inspection by the Street Commissioner required in division (B). The Street Commissioner shall inspect the repair after one year to ensure the repair was done properly. If the repair was properly done, the bond shall be returned to the applicant. If the repair was not done properly, the Street Commissioner shall notify the applicant in writing that repairs are necessary. If the applicant has not made the repairs within 14 days from the mailing of the notice, the Street Commissioner shall cause the repairs to be made, using the bond to pay for the repairs. The applicant is liable for the amount of the repairs in excess of the bond amount.
(2) The bond may be cash or other surety which satisfies the Fiscal Officer.
(D) All costs and expenses to cut open or break into the street and any repair to the street shall be borne by the person desiring to cut the street.
(E) Any person or entity that violates this provision shall be guilty of an unclassified misdemeanor and may be fined up to $1,000.
(Ord. 3 1965, passed 7-12-1965; Am. Ord. 9, 2012, passed 6-14-2012) Penalty, see § 91.99