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A construction bond acceptable to the Village equal to at least one hundred percent (100%) of the estimated cost of constructing or installing the permit holder's facilities within the public ways, including the restoration of public ways and other property as required under this legislation, shall be deposited before such construction is commenced. The construction bond shall remain in force until eighteen (18) months after substantial completion of the work.
The construction bond shall guarantee, to the satisfaction of the Village:
(a) Completion of construction;
(b) Construction in compliance with applicable plans, permits, technical codes and standards;
(c) Restoration of the public ways as required under this legislation; and
(d) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
(Ord. 106-01-99. Passed 1-26-99.)
Every permit holder shall use its best efforts to cooperate with every other permit holder and the Village for the best, most efficient, most aesthetic and least obtrusive use of the public way including, but not limited to, participation in joint planning and advance notification of work within public ways and coordination of construction work to avoid repeated excavations and other disruptions to the public ways.
(Ord. 106-01-99. Passed 1-26-99.)
Any person that succeeds to the ownership, use or control of a use permit through transfer, assignment, sale, lease, merger, consolidation or other act of the permit holder, by operation of law or otherwise, shall provide notice to the Village of such succession to the use permit within thirty (30) days. Any person that succeeds to the ownership, use or control of a use permit shall be bound by the terms of that use permit and this legislation upon such succession. For purposes of this section, any transactions that singularly or collectively result in a change of fifty (50%) or more of the ownership or working control of an existing permit holder or of a facility installed under a use permit shall be considered a succession to a use permit.
(Ord. 106-01-99. Passed 1-26-99.)
The Village may at its discretion on an annual basis review and inspect the facilities and services provided under a use permit to ensure compliance with the terms of the use permit and this legislation. The permit holder shall pay the Village the reasonable costs of such review and inspection. A use permit may be revoked for any one of the following reasons:
(a) Construction, operation of facilities or excavation in the Village or in the public ways in a manner inconsistent with the use permit;
(b) Construction, operation or excavation in violation of all applicable safety and/or construction requirements.
(c) Misrepresentation by or on behalf of a permit holder in any permit application or registration required under this legislation;
(d) Abandonment of facilities in the public ways;
(e) Failure to relocate or remove facilities, or failure to restore public ways, as required in this legislation;
(f) Failure to pay taxes, compensation, fees or costs when and as due the Village;
(g) Insolvency or bankruptcy of the permit holder; or
(h) Violation of other material provisions of this legislation;
The Village shall give the permit holder written notice of the apparent violation or noncompliance and provide the permit holder a reasonable period of time not exceeding thirty (30) days to furnish evidence reasonably satisfactory to the Village Administrator that the use permit should not be revoked.
The Village Administrator shall provide the permit holder with notice and a reasonable opportunity to be heard concerning the matter.
The Village Administrator may revoke a use permit or establish some lesser sanction and cure, considering the nature, circumstances, history, extent, disclosure, result and gravity of the violation or noncompliance.
(Ord. 106-01-99. Passed 1-26-99.)