(A) 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 which 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 may use the encroachment permit bond. In addition, if the cost of restoration exceeds the bond, 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 on record in the Jefferson County Clerk’s office and shall bear interest at 12% per annum thereafter until paid.
(B) In addition to the remedies set out above, the city shall cite the person, utility, company or entity for each violation and any person, utility, company or entity violating this chapter 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, damaged 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, any entity repeatedly violating this chapter may denied permission to make any future cuts or excavations.
(C) Pursuant to the city’s prosecutorial discretion, the city may enforce violations of the provisions of this chapter as criminal, civil, or abatement action.
(1) Misdemeanor. Any person who is violating any of the provisions of this chapter shall be guilty of a misdemeanor.
(Ord. 17-02, passed 2-14-17)