(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Any person, entity or its agents who fails to obtain a permit as required by § 93.07 shall be deemed to have committed an ordinance violation.
(2) Any permittee authorized by the Town Maintenance Manager to excavate a street or alley right-of-way pursuant to the application format attached to the ordinance codified in § 93.07 who fails to comply with any of the provisions as set forth in such application shall be deemed to have committed an ordinance violation.
(3) Any person, upon conviction of any ordinance violation mentioned above, shall be fined an amount that shall be set by the Town Council from time to time. Each day a violation continues after written notice has been served upon the person, entity or its agent shall constitute a separate ordinance violation. No addition notice under § 93.07 shall be required to initiate separate actions once an action has been filed against the person or entity violating the provisions of § 93.07. In addition to the fine mentioned above, the town may recover all costs of remediation and of correction occasioned by failure to comply with the provisions of the application for permit to excavate the street or alley right-of-way, together with engineering fees, consultants’ fees, attorneys’ fees and court costs incurred in the county courts by the town in enforcing the provisions of any permit to excavate.
(Ord. 2014-1, passed 5-22-2014)