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No person shall be issued a permit under this chapter without first obtaining a contractor’s license from the town, at which time such contractor shall submit proof that there is being maintained and carried liability insurance covering personal injury and property damage which may arise from or out of the performance of the proposed work. The insurance shall cover collapse, explosive hazards and underground coverage and shall include protection against liability arising from completed operations. The insurance for personal injury shall be in an amount not less than $1,000,000 for each person and not less than $2,000,000 for each accident and, for property damage, shall be in an amount not less than $1,000,000, and not less than $2,000,000 for all accidents. A certified copy or certificate of insurance policies, together with the certificate of the insurer that each policy is in full force and effect and that the insurance will not be altered, amended, terminated or ended without a ten-day written notice having first been given to the town, shall be filed prior to the issuance of a contractor’s license.
(Ord. 7(1971) § 7; 1997 Code; Ord. 7(2006) § 28)
Every person owning, using, controlling or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication, water, sewer or steam to or from the town, or to or from its inhabitants, or for any other purpose, shall file with Public Works, within 120 days after the adoption of this chapter, a map or set of maps, each drawn to a scale of not less than one inch to 400 feet, showing the location, size and description of all such installations. The owner agrees upon reasonable notice from the town or any permittee to accurately locate such owner’s installations upon the ground as shown on the maps.
(Ord. 7(1971) § 8(A); Ord. 43(1978) § 2; Ord. 7(2006) § 29)
By March 1 of each year, such person shall file with Public Works a corrected map or set of maps, drawn to the scale designated in § 8-1-38 of this chapter, showing such installations, including all such installations made during the previous year; provided, however, if no further installations have been made during the previous year, there may be filed with Public Works a written statement to that effect.
(Ord. 7(1971) § 8(B); Ord. 43(1978) § 1)
Whenever any pipe, manhole, conduit, duct, tunnel or other structure located under the surface of any street is abandoned, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with Public Works a statement in writing showing the location of the abandoned structure. The abandoned facility shall be removed and the site restored by the owner within 30 days of notice from the town, or the town may remove the facility at the owner’s expense.
(Ord. 7(1971) § 9(A); Ord. 43(1978) § 1; Ord. 7(2006) § 30)
(A) Filing of appeal; schedule hearing. Any applicant which is denied the issuance of a street cut permit, or which has a street cut permit revoked may appeal such denial or revocation by filing an appeal in writing within five days of such revocation or denial with the Town Manager. The Town Manager will schedule a hearing within ten days of the receipt of the appeal, and provide notice of such hearing to the applicant. The Town Manager, after hearing evidence presented by the applicant and the town may confirm, amend or modify the action of Public Works.
(B) Utility company representation; appeal to Council. Whenever an applicant’s street cut revocation or denial is being heard by the Town Manager, a representative of the utility companies servicing the town shall be entitled to sit with the Town Manager and cast a vote. The representative of the utility companies, who shall be entitled to sit with the Town Manager when he or she hears the appeal of a revocation or denial of the issuance of a street cut permit, shall be chosen by a vote of all the utility companies serving the town. The town shall be notified by a joint letter signed by all the utility representatives not later than February 1 of each year, as to whom the utility company representative shall be for the current year. Any utility company whose street cut permit has been revoked or denied by Public Works may appeal any decision of the Town Manager relating to the revocation or denial of the street cut permit by filing a written appeal to the Town Council within 30 days following such decision. The Town Council shall hear the appeal in accordance with its rules and procedures. The Town Council may confirm, reverse or modify the action of the Town Manager.
(Ord. 8(1991) § 13; 1997 Code; Ord. 7(2006) § 31)
(A) Responsibility for compliance shared. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for such offense as provided in § 1-4-1 of this code. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as set forth in § 1-4-1 of this code. Both the licensed contractor and the person the work is for, are responsible for the compliance with this chapter, and any or all of the same may be summoned into Municipal Court, and any or all may be found guilty of a violation hereof.
(B) Cumulative grievances. The sanctions, remedies or penalties available under this chapter are deemed cumulative, and any or all may be pursued by the town to enforce the provisions of this chapter. Any two violations in a building season (April 15 through November 15) shall constitute grounds for automatic revocation of the contractor’s license.
(C) Agreement of noncompliance. In addition to the penalty set forth above, any person found violating § 8-1-2 of this chapter shall be required to stop work or use, apply for a public way permit, and pay double the amount of all applicable fees.
(Ord. 7(1971) § 10; Ord. 43(1978) § 2; Ord. 20(1981) § 1; 1997 Code; Ord. 7(2006) § 32)