[Adopted as Art. VII of the 2004 Code]
No person, firm, or corporation shall make any excavation within
the limits of any street or other public place, or under any sidewalk
within the Village of Cayuga Heights without first obtaining a written
permit from the Village Board of Trustees or the official representative
of said Board, and furnishing satisfactory evidence of adequate insurance
protecting the Village of Cayuga Heights from all claims and damages
that may result by reason of such excavation.
The excavation shall be done and the work completed with all
possible dispatch and in such a manner and within such time as may
be required by the Board or its representative; and during the progress
of such work at least one-half of the street or public place shall
be kept open and free. Such excavation shall be carefully guarded
by the permittee with an adequate barrier, and be lighted from sundown
to sunrise in such a manner as to indicate the excavation and to prevent
accidents. Such street or public place shall be restored by the permittee
to the satisfaction of the Board or its representative.
No permit shall be granted except upon payment to the Village
of a fee in an amount to be fixed by the Board or its representative
dependent upon the character and extent of the excavation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No permit shall be issued by the Board of Trustees or the official
representative unless and until the person applying for the same shall
have deposited with the Village of Cayuga Heights the sum of $1,000
in cash or a certified check payable to the Village of Cayuga Heights
as security for the proper performance of the work and the replacement
of the highway in the manner required by the Board or its representative.
When the Board or its representative certifies that the work has been
performed in a satisfactory manner and the highway replaced as required,
the said deposit shall be refunded to the depositor; otherwise, the
said deposit, or as much thereof as shall be necessary, may be used
by the Board or its representative to cover the cost of repairing
the said highway and replacing it in a proper and safe condition for
public travel.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Failure to comply with this article shall constitute a violation
as defined in the Penal Law of the State of New York, and any offender
shall be punished in accordance therewith by a fine of up to $250,
imprisonment for not more than 15 days, or both such fine and imprisonment.
