Every permit issued under this Article
I shall state, as conditions of the permit, the purpose for which the opening or excavation is authorized; the location and approximate surface area of the opening; the dates when the work under the permit is to be commenced and to be completed; the name of the contractor or subcontractor completing such opening or excavation, and the number of days for which the permit shall be valid. It shall be the duty of the permit holder to do all work under this article in conformity with all these conditions, and a failure to comply with any of the conditions shall constitute a violation of this Article
I.
If any work required under a permit issued under this Article
I shall not be completed within the time required by the permit or shall not be completed and maintained as required in §
205-3 above by the permit holder, Council or the person designated for the purpose by Council shall have authority to have the work completed or rectified, as the case may be, by Borough personnel or by any person or firm engaged by Council for the purpose. Any settlement of the surface within the said one-year period shall be determined to be conclusive evidence of defective workmanship, and the Borough may use any or all of the deposit or proceeds against such bond to perform the necessary repair work. The cost of such work including design, engineering and legal fees, with an additional charge of 10%, shall be charged to the permit holder and shall be due and payable to the Borough within 30 days of the date of such invoice. In the event the permit holder fails to pay said invoice, the deposit or surety bond filed with the Borough under §
205-1 shall be used as a source for the money due from the permit holder under this section, and if the deposit or bond is not sufficient, the amount remaining due shall be collected from the permit holder by the Borough. The Borough may collect such amounts due through any legal means, including, but not limited to, an action in assumpsit and the Municipal Lien and Tax Claim Law. No subsequent permit shall be issued to any person who
owes any amount to the Borough under this section.
In case of any emergency resulting from the breaking of any pipe or main, an explosion or other unforeseen occurrence, the person responsible for the maintenance of the pipe, main or other facility involved in the emergency may proceed with the opening or excavation of the street, as necessary to remedy the condition and to make necessary repairs, without first having applied for and obtained the permit required under this Article
I, but, within 72 hours after the occurrence of the emergency, he shall apply for and obtain a proper permit, following the same procedures and adhering to all other requirements that would have applied had he applied for and obtained the permit in advance.
Any owner of real property who does not comply with the provisions
of this article shall be subject to a summary criminal proceeding
before the Magisterial District Justice as provided by the Pennsylvania
Rules of Criminal Procedure, as may be amended from time to time.
Upon a finding of a violation, a fine of not less than $450 nor more
than $1,000, plus costs of prosecution, including court costs and
reasonable attorney fees incurred by the Borough to prosecute the
violation, shall be imposed, and such person may be subject to imprisonment
of up to 15 days in the event such fines and costs are unpaid. Each
day that such violation(s) continues shall be a separate violation
of this article.