(a) Every public utility provider as defined herein shall execute a continuing bond in a form prescribed and accepted by the City Finance Director, with satisfactory corporate surety, in the penalty of ten thousand dollars ($10,000.00), payable to the City of Vienna.
(b) This bond is conditioned such that the public utility, as defined herein, shall pay damages to any entity, including the City, due to any act or action done, performed or taken by such public utility in or about the conduct of its business.
(c) This bond is also conditioned such that the public utility shall notify the City not less than five business days before beginning any repair, replacement, installation, and/or maintenance project within the corporate limits of the City of Vienna. Notice shall include notifying the City of:
(1) The nature of the work,
(2) The location of the work,
(3) And the date and time the work is scheduled,
A. Provided that, in the event of an emergency repair, the public utility shall notify the Office of the Mayor, the manager of the Vienna Utility Board, the Public Works Director or the Vienna Police Department, as soon as is reasonably possible, but no later than 24 hours after the commencement of any work, unless such work begins on a weekend or a holiday, and then the next immediate business day during regular business hours.
(d) Cable television, satellite television, telephone, and Internet Service Providers are hereby excepted from the notice requirement of this ordinance for the installation and/or repair of service equipment or lines, i.e. the installation, repair, or replacement of cable boxes, modems, routers, satellite dishes or receivers, and/or phones, internet or cable lines or wires, connected to a residence or business for purposes of providing service to a customer.
(e) For purposes of this section, "public utility" includes any person or persons, or association of persons, however associated, whether incorporated or not, including municipalities, engaged in any business, whether herein enumerated or not, which is, or shall hereafter be held to be, a public service including, but not limited to, electric, gas, water, sewerage, telephone (wireless or plain old telephone service), and cable television service providers, their contractors, subcontractors or assigns.
(f) Failure to post bond may result in a one hundred dollar ($100.00) fine per day for any public utility as defined above operating within the City without said bond. In addition to the fine, the City of Vienna Code Enforcement Office may issue a stop work order to any non-compliant entity and, should the entity fail to comply with the stop work order, may petition the Wood County Circuit Court to enjoin the entity from performing work or continuing work without said bond.
(Ord. 01-2021. Passed 1-14-21.)