§ 95.037 PROTECTION OF OPENINGS.
   (A)   Any person, firm or corporation cutting any pavement, road surface or sidewalk as above set out shall erect a barricade and display red flags in daylight and red lights at night until instructed to remove barricade and flags or lights by the Director of Public Services. In cutting any pavement or road surface, one traffic lane shall be left open at all times, duly protected by a flagperson or flagpersons as circumstances of public safety require.
   (B)   It is expressly understood and made a condition of the permit that the permittee accepts full responsibility for any damages resulting to any person, firm or corporation or any user of the street or right-of-way who might be injured as a result of the negligent action or inaction of the permittee; and will hold harmless the village for any resultant damage or liability.
   (C)   Any person, firm or corporation who damages, or who contracts with another person, firm or corporation that damages or causes to be damaged any pavement, road surface or sidewalk, shall be liable to the village for repair of the damage, or the cost of the repair at the square foot price for pavement enumerated in § 95.036. The failure to repair or pay the cost of the repair within 30 days of notice shall be sufficient cause for the Village Building Inspector to withhold a certificate of occupancy for any building, and for the Tax Collector to attach a lien against the property of the person, firm or corporation in the amount of the costs. Whether the repair of the damage shall be carried out by the Village Public Services Department or the person, firm or corporation responsible shall be decided by the Director of Public Services. If the damage constitutes a hazardous condition, the responsible person, firm or corporation shall protect the area as outlined in this section until final repairs can be made.
(1986 Code, § 12-1.3) (Ord. passed 09-21-1981; Ord. passed 07-16-1984)