(A) The permittee shall, at all times, and at his, her or its own expense, preserve and protect from injury, any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain consent from the owner of such private property for such purpose and if he or she cannot obtain such consent, the Street Superintendent may authorize him or her to enter the private premises solely for the purpose of making the property safe.
(B) At the permittee’s own expense, all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work shall be shored up and protected, and the permittee shall be responsible for all damage to public or private property or highways resulting from failure to properly protect and carry out the work. Whenever it may be necessary for the permittee to trench through any lawn area, said area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled, as required in this subchapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist is parking street areas without first obtaining the consent of the appropriate village department or official having supervision of such property.
(2007 Code, § 33-4-15) Penalty, see § 10.99