[Amended 7-20-2020 by L.L. No. 6-2020]
No person shall open up the surface pavement
or soil in any portion of public right of way, or alter the grade
of, dig or excavate in the roadbed, pavement or gutters of any street
whatever except upon compliance with the provisions herein, and no
person shall tunnel under the roadbed of any street, in whole or in
part, for any purpose.
[Amended 5-6-1991 by L.L. No. 5-1991; 9-16-2019 by L.L. No.
9-2019]
Except as provided in §
259-9 hereof, not less than 24 hours prior to the proposed time for such digging or excavating, application shall be made to the Superintendent of Public Works or their designee for a permit therefor. Such application shall state:
A. The name of the applicant.
B. The fact that the applicant is either a contractor licensed by the
Village or a utility corporation or a plumber or electrician licensed
by the Village or a person engaged in some business or occupation
whose work required such excavation to be made and whose name has
been approved by the Board of Trustees and placed on file with the
Superintendent of Public Works or their designee.
C. The precise place where the applicant desires to dig or excavate,
with the distance from the nearest street intersection or from the
property abutting the street at the point proposed for excavation.
D. The purpose of the excavation.
The fee for each permit hereunder will be in
accordance with the schedule of street-opening fees adopted by the
Board of Trustees.
[Amended 12-2-2013 by L.L. No. 14-2013]
When there has been full compliance with the
provisions herein stated and no other valid objections have appeared,
the Superintendent of Highways will issue a permit to the applicant
therefor. Work associated with a permit so issued shall be commenced
and be completed within 30 days of the date of issuance of the permit.
Should the work not commence and be completed within the thirty-day
period, the permit shall automatically be deemed null and void, and
the permit fee shall be retained by the Village and not refunded to
the permit applicant or the person who paid the fee for the permit.
A new permit shall be applied for and a new permit fee paid for the
work declared null and void, pursuant to this section.
Each person to whom a permit is issued hereunder
must at all times have it available at the place of the excavation
and, upon demand, show it to the representative of the Village.
[Amended 5-6-1991 by L.L. No. 5-1991; 12-2-2013 by L.L. No. 14-2013]
Except where otherwise noted, any person committing an offense against any provision of this chapter shall be guilty of a violation and upon conviction thereof shall be punishable for each offense by a fine of not less than $250 for the first offense, $500 for the second offense and no more than $1,000 for each offense thereafter or by imprisonment for not more than 15 days, or both. Every violation of any provision shall be a separate and distinct offense, and in the case of continuing violations, every day that the violation continues shall be and is deemed to be a separate and distinct offense. In addition, for the infraction of any provision hereof, any permit may be canceled and permission to do similar work may be withheld from the offender for a period of three months from the time of such violation. This penalty is in addition to and not in derogation of or in substitution for, the general penalties provided in Chapter
1, General Provisions, Article
II.