§ 94.99  PENALTY.
   (A)   Any person, firm, corporation, or any other entity that shall be in violation of Chapter 94 or any amendments thereto, shall receive a fine of not more than $500 and costs. Each day an entry or cut is made without the issuance of a proper permit under this chapter shall constitute a separate offense.
   (B)   Failure to provide notification of an IUPPS number prior to the start of an encroachment shall result in a $100 penalty fee.
   (C)   A penalty fee of $100 will be enforced by the city with a stop work order for unauthorized work performed prior to the issuance of a permit.
   (D)   Placing an item in the public right-of-way in the Downtown (DT) zoning district without an approved encroachment permit will result in a penalty fee of $100 for each unapproved item placed in public right-of-way.
   (E)   Any agency whose approval is required under this chapter or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this chapter.
   (F)   In accordance to any other sanction under this chapter, a person who fails to install or to maintain the approved public improvements in accordance with the approved construction plan shall be liable to the city in a civil action for damages in an amount equal to the cost of installing or maintaining the controls, all engineering fees, court costs, litigation expenses, and attorney’s fees incurred by the city.
   (G)   Any person, firm, corporation, or any other entity who fails to secure any service that can cause damage to property or health due to its failure shall receive a $500 penalty fee for every 24 hour period that corrections are not made. The 24 hour period will start from the time the damaged service is reported.
   (H)   Any governing authority that recovers damages in accordance with this section shall deposit them in a special fund to be used solely for:
      (1)   Correcting, to the extent possible, the failure to install or maintain the public improvements according to the approved plans and specifications;
      (2)   Correcting, to the extent possible, the failure to follow the procedures outlined under permits issued in accordance with this chapter; and
      (3)   The administration of the construction inspection as per this chapter.
   (I) The city shall hold the right to secure and/or complete, without prior notification to the applicant, any and all permit cuts found to be public safety concerns. Costs incurred by the city, as well as any and all actions taken by the city, shall be reimbursed by the Applicant as reflected by the following.
      (1)   Labor      $30/hour.
      (2)   Operator   $45/hour.
      (3)   Backhoe   $120/hour.
      (4)   Loader      $150/hour.
      (5)   Cones      $10each/hour.
      (6)   Barricades   $30/hour.
      (7)   Steel plates   $50/hour.
      (8)   Pickup      $50/hour.
      (9)   Single axle   $85/hour.
      (10)   Tandem   $100/hour.
      (11)   This does not reflect all cost or does not imply maximum charges that may be incurred with all penalties of this chapter. Material costs of asphalt and/or concrete are not listed due to price variations with vendors and quantities.
   (J)   Failure to complete permanent patches within the 20 working day requirement may result in a fee of $100 per day up to five working days. In the event the repairs are not made in this time period, the city may repair the patches subject to the reimbursement rates listed above in addition to the imposed fines.
(Ord. 36-08-12, passed 9-11-12)