It shall be unlawful for any person to make any opening or excavation
in any street, alley or sidewalk in the Borough of Ligonier without
first having obtained a permit therefor and without complying with
all of the provisions and conditions of this article.
Every person desiring a permit to make an opening or excavation
in any of the streets, alleys or sidewalks in the Borough of Ligonier
shall make application therefor to the Borough Secretary, stating
in such application: the purpose of such opening or excavation; the
location thereof; the length and width of such opening or excavation;
the date when such work is to be commenced; and the length of time
needed to complete such work. No permit shall be issued until the
applicant has paid to the Borough Secretary, for the use of the Borough,
a permit fee of $15 for the first nine square feet and $10 for each
additional 50 square feet and has signed an agreement to be responsible
for adhering to all the provisions of this article to save the Borough
harmless from and indemnify it against any and all actions, suits,
demands, payments, costs and charges for or by reason of such opening
or excavation and all damages to any person or property resulting
in any manner therefrom or occurring in the prosecution of the work
connected therewith or from any other matter, cause or thing relating
thereto.
[Amended 1-12-1989 by Ord. No. 438]
Every permit issued under this article shall be valid for such
length of time stated thereon, as requested by the applicant for such
permit, but in no instance for longer than six days. On or before
the date of expiration of such permit, the holder thereof shall be
responsible for thoroughly and completely refilling such opening or
excavation, puddling or ramming so as to prevent any settling thereof
and, in the case of an improved street or alley or paved sidewalk,
for restoring the surface thereof to the same condition as it was
in immediately prior to such opening or excavation, and the Public
Works Director shall inspect such refilling and restoration in order
to determine whether such work shall have been done satisfactorily,
provided that under special circumstances, at his or her discretion,
the Borough Secretary may authorize the extension of a permit for
a stated and limited time or granting of a permit for a longer period
of time than six days.
The holder of a permit issued by authority of this article shall
be responsible for maintaining the portion of the street, alley or
sidewalk opened or excavated by authority of such permit for a period
of one year after the date of expiration of such permit.
[Amended 1-12-1989 by Ord. No. 438; 7-12-2001 by Ord. No. 514]
Any person who shall violate or fail to conform to any of the
provisions of this article shall, for every such violation or failure
to conform, be sentenced to pay a fine of not more than $600 and costs
of prosecution and, in default of payment of such fine and costs,
to imprisonment in the county jail for not more than 30 days, provided
that each day's continuance of a violation or failure to conform shall
constitute a separate violation.