A. Prohibited Acts; Authorized Acts: No individual, firm, association, syndicates, copartnerships, corporations, trusts or any other entity, hereinafter referred to as person(s), shall injure, mark or deface any public street, curb, sidewalk, swale or other public improvement located in the street right of way, except with the written permission of the City Engineer. No such permission shall be granted until a bond has been posted with the City in an amount sufficient to restore all damaged property to its original condition. The City Engineer shall determine the amount of the bond and shall authorize the return of bond funds only after the City Engineer is assured that, in the event of any such damage, the person(s) responsible have restored the affected properly to its original condition. Should the person(s) responsible not initiate or complete the required restoration within a reasonable period of time, the City Engineer shall utilize or authorize the utilization of bond funds to initiate or complete the required restoration.
B. Violation; Remedy: Any person(s) who violates any provision set forth in subsection A of this Section shall:
1. Be fined a minimum of fifty dollars ($50.00) and a maximum of five hundred dollars ($500.00) for each offense, and each day beyond the first day shall be considered a separate violation;
2. Be required to make full restitution to the City for all damages created (per subsection A of this Section);
3. Have all building permits suspended which pertain to properties adjacent or in proximity to the public property affected.
The City Engineer shall determine the damages and shall establish the cost of restoring damaged public property to comply with applicable City design specifications.
C. Exceptions: The provisions set forth in subsection A of this Section shall not apply to:
1. City employees;
2. Contractors duly authorized by the City to perform work in the street right of way;
3. A governmental agency acting within the scope of its function. (Ord. 0-86-23, 8-18-1986)