Each applicant, upon the receipt of a permit, shall provide
the Borough with a surety bond to guarantee the faithful performance
of work authorized by a permit granted pursuant to this chapter. The
amount of the bond shall be 100% of the estimated cost of restoring
the opening. However, in no event shall the bond furnished be in an
amount less than $1,000. If the permittee contemplates requesting
more than one permit per year as required by this chapter, the Manager
may require the permittee to furnish one bond, as above, in such amount
as the Manager deems necessary. Said bond must be written by a reputable
surety company licensed to do business in the Commonwealth of Pennsylvania,
and must be approved by the Borough Solicitor as to form.
Whenever the Manager shall find that a default has occurred
in the performance of any term or condition of any permit, written
notice thereof shall be given to the principal and to the surety of
the bond. Such notice shall state the work to be done, the estimated
cost thereof and the period of time deemed by the Manager to be reasonably
necessary for the completion of such work.
A.
After receipt of such notice, the surety must, within the time therein
specified, either cause the required work to be performed or, failing
therein, pay over to the Manager the estimated cost of doing the work
as set forth in the notice. Upon the receipt of such moneys, the Manager
shall proceed by such mode as he deems convenient to cause the required
work to be performed and completed, but no liability shall be incurred
therein other than for the expenditure of the said sum in hand therefor.
B.
In the event of any default in the performance of any term or condition
of the permit for the work, the surety or any person employed or engaged
on its behalf, or the Manager or any person employed or engaged on
his behalf, shall have the right to go upon the premises to complete
the required work or make it safe.
C.
No person shall interfere with or obstruct the ingress or egress
to or from any such premises by any authorized representative or agent
of any surety or of the Borough engaged in completing the work required
to be performed under the permit, or in complying with the terms of
conditions thereof.
The term of each bond posted shall begin upon the date of the
posting thereof and shall end upon the receipt by the permittee of
a certificate of final inspection from the Manager.
