[Adopted by Ord. No. 1-21-59A]
Any person, firm or corporation desiring to alter and grade any property in such a way as to affect the elevation of any manhole located in a publicly dedicated easement of the Municipality Bethel Park, or affect any such manhole in any respect, shall prior to such action make application to the Municipal Council in writing for a permit to perform the work which may affect the elevation of any such manhole or affect any such manhole in any other manner. The said written application shall indicate there on the name of the street, highway or road and the place at which the digging or opening will take place, or the location and type of work about to be performed, which may so affect any such manhole.
Upon payment of a fee of $5 by the applicant said permit to the applicant, which permit shall indicate thereon the name of the street, highway or road and the place at which the digging or opening will take place, or the location and type of work about to be performed, which may so affect any such manhole.
Any person, firm or corporation receiving a permit for the Municipality of Bethel Park, or affect any such manhole in any other way, shall take proper precautions for the proper elevation and construction of any such manhole so that the manhole is raised or lowered to accord with the altered grade, all at the expense of the person, firm or corporation doing the work. Such person, firm or corporation shall restore the surface of any publicly dedicated easement to a condition substantially the same as it was before the surface was disturbed in order to change the elevation of, or otherwise alter, any manhole located therein.
Any person, firm or corporation, prior to the issuance of any permit provided for in this ordinance, shall deposit with the Municipal Secretary a bond in the proper form, approved by the Municipal Solicitor, in a sum of not less than $1,000, conditioned for the faithful compliance with the terms of this ordinance; in lieu of the said bond, said person, firm or corporation may, on approval of the Municipal Secretary, deposit cash in the amount of $100 as security for the compliance with the terms of this ordinance.
Should any person, firm or corporation, after having altered the surface of any property so as to interfere with the elevation or otherwise affect any manhole located in a publicly dedicated easement of said Municipality, fail, neglect or refuse to comply with the terms of this ordinance or the instructions or directions of the Municipal Council or Municipal Engineer pertaining to the said work, the proper Municipality officials shall proceed to have the street, road or easement placed in proper condition at the cost of the person, firm or corporation to whom the permit was issued, said cost to be deducted from the cash deposited aforesaid; or, in the event of a bond, the cost is to be billed to the person, firm or corporation. Under failure to pay, the Solicitor shall be authorized and directed to proceed on the bond for the collection of any amount due.
Any person, firm or corporation who shall violate any of the provisions of this ordinance shall, upon conviction thereof before Mayor or any Justice of the Peace of the Municipality of Bethel Park, may be sentenced to pay a fine of not less than $25 nor more than $100, and the costs of prosecution. Upon each subsequent conviction, any person, firm or corporation shall be fined not less than $50 nor more than $100, and costs of prosecution and in default of payment of such fine and costs, any person or persons or the executive officers of such firm or corporation shall be confined in the Allegheny County Jail for period of not more than 30 days.