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Within thirty (30) days following written notice from the Village, a use permit holder shall, at its own expense, temporarily or permanently remove, relocate or alter any facilities within the public ways as the Village shall have reasonably determined is necessary for:
(a) The construction, repair, maintenance or installation of any public improvement in, upon or adjacent to the public ways;
(b) The operations of the Village or any other governmental entity in, upon or adjacent to the public ways.
(Ord. 106-01-99. Passed 1-26-99.)
Within thirty (30) days following written notice from the Village, any person that owns, controls or maintains any unauthorized facility or related appurtenances within the public ways of the Village shall, at its own expense, remove such facilities or appurtenances from the public ways of the Village. After the thirty (30) days have expired, the Village may remove the facilities or appurtenance from the public ways at the expense of the person that owns, controls or maintains such unauthorized facilities. For purposes of this section, a facility is "unauthorized" and subject to removal in the following circumstances:
(a) Upon revocation of the use permit for such facility pursuant to Section 977.14 hereof;
(b) Upon abandonment of a facility;
(c) If the facility was constructed or installed, or any excavation of a public way was performed, without prior issuance of the required construction permit, except as otherwise permitted under this legislation;
(d) If the facility was constructed or installed, or any excavation of a public way was performed, in a manner inconsistent with the terms of a use permit, construction permit or this legislation;
(Ord. 106-01-99. Passed 1-26-99.)
The Village retains the right and privilege to remove, relocate or alter any facilities, or stop work on any construction, installation or excavation, located within the public ways of the Village, as the Village may determine to be necessary and appropriate to protect the public health, safety or welfare.
(Ord. 106-01-99. Passed 1-26-99.)
(a) Promptly after completing any work in or affecting any public ways or Village property, a permit holder, or any person acting on its behalf, shall at its own expense restore, to the satisfaction of the Village, such public ways or Village property to their condition before the commencement of the work. The permit holder shall restore as nearly as may be practicable all trees, landscaping and grounds to their condition prior to the performance of such work.
(b) If weather or other conditions outside the control of the permit holder do not permit the complete restoration required under subsection (a) hereof, the permit holder shall temporarily restore the affected property at the its sole expense. The permit holder shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(Ord. 106-01-99. Passed 1-26-99.)
As a condition of obtaining a use permit, a use permit holder must secure and maintain the following liability insurance policies insuring both the permit holder and the Village, and its elected and appointed officers, officials, agents and employees as additional insureds:
(a) Comprehensive general liability insurance with limits not less than:
(1) One million dollars ($1,000,000) for bodily injury or death to each person;
(2) One million dollars ($1,000,000) for property damage resulting from any one accident; and
(3) One million dollars ($1,000,000) for all other types of liability.
(b) Automobile liability for owned, non-owned and hired vehicles with a limit of one million dollars ($1,000,000) for each person and one million dollars ($1,000,000) for each accident.
(c) Worker's compensation within statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000).
(d) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than one million dollars ($1,000,000).
The liability insurance policies required by this section shall be maintained by the permit holder throughout the term of a use permit, and such other period of time during which the permit holder is operating without a permit hereunder, or is engaged in the removal of its facilities.
(Ord. 106-01-99. Passed 1-26-99.)
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