Any person, firm, corporation or entity obtaining a permit to
open or excavate any public street, road, sidewalk, curb or other
public place, as hereinabove provided, shall restore such street,
road, sidewalk or curb in accordance with specifications of the Village
therefor and to the satisfaction of the Superintendent of Public Works.
Public liability insurance protecting the Village against liability
for all negligence and other acts of the applicant, its agents and
employees, in such amounts and by such company or companies as may
be approved by the Village Attorney, must be obtained and filed with
the Village Clerk prior to the issuance of any permit pursuant to
this article. Such insurance shall remain in full force and effect
for a period of at least one year after completion of the work to
be performed and shall hold the Village harmless against any claim
for damages for said period of time.
All excavations must be properly barricaded and protected by
suitable lights as approved by the Superintendent of Public Works.
Failure to comply with the provisions of this article shall
render the contractor, the workmen who performed the excavation work
and the owners in front of whose property the excavation was made
liable for all damages resulting from such excavation.
Notwithstanding any other provisions of this article, any excavation
in a street, road, sidewalk or curb made by or on behalf of a franchised
public utility company, cable television company or other such company
shall be subject to the following requirements:
A. The company shall apply for a permit as set forth in §
281-1 of this article for each excavation to be made.
B. The company shall file with the Village Clerk and have in effect
at all times an irrevocable letter of credit in the amount of $50,000,
payable to the Village on demand, for failure to complete and restore
the street, road, sidewalk or curb to the satisfaction of the Superintendent
of Public Works.
C. The company shall file with the Village Clerk and have in effect
at all times proof of liability insurance and property damage in the
minimum amounts of $2,000,000 each occurrence for liability and $500,000
property damage. Such insurance shall name the Village as an additional
insured and shall hold the Village harmless from any claims, actions
or proceedings arising from the work performed, including legal costs
of defending such claims, actions or proceedings.
D. In the event that an emergency requires an excavation at such time
or times when the Village offices shall be closed, the company shall
notify the Police Department of the proposed excavation and the applicant
shall make proper application for a permit on the next working day
following such emergency in the same manner as if there had been no
emergency.
[Amended 6-25-2019 by L.L. No. 3-2019]
Any person, firm, corporation or entity who or which shall refuse or neglect to comply with any section or provision of this article shall be guilty of a violation. Each and every violation of this article shall be subject to a Type E penalty as set forth in §
1-15 of the Village Code. In addition to all other remedies provided for herein, the Board of Trustees may enforce obedience to this article by injunction or by any other remedy available to it by law.
The Superintendent of Public Works, the Building Inspector and/or
the Code Inspector of the Village shall have authority to issue appearance
tickets for violations of any of the provisions of this article.