(A) Any person making any cut or improvement in the right of way as described in this subchapter shall restore the surface of the area to Kentucky Department of Highways specification (and this subchapter) and shall warrant the pavement repairs against failure of all types for the duration of five years.
(B) The city may, upon repeated violation of this subchapter, require any entity to post a performance bond prior to initiating any work in the city, by cash or certified check, in the amount of $15 per square foot of the area to be disturbed (minimum fee of $150), to defray the cost of performing repair and restoration work.
(C) Upon the failure of any entity to properly repair and restore any cut, excavation, or alternation, the city may authorize the repair or restoration of the area in a proper manner and charge said cost to the entity who made the repair, cut, excavation, or alternation (and/or the entity upon whose behalf the work was done). In the event the city must make the repair or restoration, the city shall have a lien against any property of said entities (if any) that the work directly benefits, or on whose behalf it was undertaken. The lien shall be recorded in the Clerk’s office and shall bear interest at twelve percent (12%) per annum thereafter until paid.
(D) In addition to the remedies set out above, the city shall cite any person, utility, company or entity for each violation and any person, utility, company or entity violating this subchapter shall be guilty of a misdemeanor, and upon conviction shall pay a fine of not more than $500. Each street, sidewalk, right-of-way, easement, or drain which is cut, excavated, burrowed, tunneled, bored, disturbed, damages or altered, shall be deemed a separate offence. Further, if deemed necessary by the city to protect the public ways and public utilities of the city, and entity repeatedly violating this subchapter may be denied permission to make any future cuts or excavations.
(E) The city may deny an application for an encroachment permit. Said denial shall be in writing and must specify the reasons for denial. Applicant shall have a right to appeal the decision the City Council, which appeal must be in writing and must be received within 30 days of the denial. Said appeal will be docket for review and decision at the next regularly scheduled City Council meeting, provided it is received at the City Office within seven days prior to the meeting. If not so timely received, it shall be docketed for the following regular meeting. Applicant will be allowed a reasonable time to present any relevant evidence that supports applicant’s appeal. The decision of the City Council on the appeal must be in writing, with findings supporting said approval or denial.
(Ord. 2016-05, passed 12-5-2016)
Statutory reference:
Sidewalks; construction along public roads; specifications, see KRS 178.290
Sidewalks; ramps for wheelchairs, see KRS 66.660