(A) When any part of any street, sidewalk, alley or other public place of the town shall be torn or dug up for any purpose, the person making the excavation or opening shall, immediately upon completion of the work and as speedily as practicable, refill the excavation or opening in accordance with town standards and specifications and to the satisfaction of the Director of Public Works and the Town Manager. Any person neglecting, refusing or failing to comply with any provision of this section shall be guilty of a violation, and where the neglect, refusal or failure is continued, after notice from the Town Manager, everyday's continuance shall constitute a separate and distinct offense.
(B) It shall be unlawful for any person, firm or corporation to drag or run, or cause to be dragged or run any implement, engine, machine or tool upon any asphalt, or other type of permanently paved street of the town which shall be liable in any way to injure or cut the surface thereof.
(C) When any street, sidewalk, alley, or other public place is excavated, cut, or damaged, the person causing such excavation, cut, or damage shall restore the facility to its previous condition (including patching or re-paving with asphalt or concrete as required by the town) as soon as possible, but in no case later than 60 days, unless an extension of this period is granted, due to weather or other reasonable conditions, by the Town Manager or Public Works Director.
(D) In addition to any other penalties set forth for violations of this code, persons who fail to obtain a proper permit for a street excavation, who fail to speedily re-fill or maintain an excavation, and/or who fail to properly patch or re-pave an excavation shall be liable to civil penalties as follows.
(1) Failure to obtain an excavation or encroachment permit: $50 per day.
(2) Failure to speedily re-fill or maintain fill in an excavation: $50 per day.
(3) Failure to patch or re-pave an excavation, cut, or damage within 60 days: $50 per day.
(OC, §§ 4-1-14 and 4-1-16) (Am. Ord. passed 11-10-88; Am. Ord. 2010-016, passed 6-15-10) Penalty, see § 10.99