The Superintendent of Public Works may order
curb cuts where the use, convenience or necessity of the public requires.
He shall have the authority to order the owners or agents in charge
of property adjacent to which any curb is maintained, to make or alter
any curb cut in such manner as he shall find reasonably necessary
under the circumstances.
No person shall begin to construct, reconstruct,
repair, alter or grade any portion of a driveway, apron, ramp, motor
vehicle way or other way of passage for vehicles or pedestrians lying
or being between a sidewalk and the street parallel with said sidewalk
or, in the absence of a sidewalk, within a distance of six feet of
any adjoining street, nor shall any person begin to construct, reconstruct,
repair, alter or grade any sidewalk, curb or curb cut, without first
obtaining a permit from the Village Clerk as provided by this article
and paying the required fees. When sidewalks, curbs, curb cuts, driveways,
aprons, ramps, motor vehicle ways or other passage subject to this
article are to be altered simultaneously, only one permit and fee
shall be required.
No permit shall be issued hereunder unless and
until the permittees shall have filed with the Village Clerk a surety
bond in form, and with a surety, satisfactory to the Village Clerk
in an amount equal to twice the contract price of the work for which
the permit is to be issued or, if no such contract exists at the time
of issuance, in an amount equal to twice the cost of the work as estimated
by the Superintendent of Public Works. Said bond shall be conditioned
upon the permittee's compliance with all ordinances of the Village
relative to the work to which the permit applies and further conditioned
upon the permittee's completing the work contemplated by the permit
to the satisfaction of the Superintendent of Public Works, and maintaining
in good condition for a period of 24 months after said work shall
have been done, usual wear and tear excepted, and discharging all
obligations to the Village arising out of the work for which the permit
is issued. Nothing herein contained shall be construed to require
the permittee to maintain work done by the Village if such repairs
should prove defective. Any owner of real estate repairing or engaging
another to repair his own sidewalk shall not be required to give such
bond.
When all or part of a concrete or macadam slab
in a sidewalk is cut or broken in the course of work done under a
permit issued pursuant to this article, a full slab shall be used
to replace the one cut or broken.
If the permittee shall have commenced work subject
to this article and said work shall not have been completed in the
time specified by the permit, or a reasonable time, the Village shall
have the right to complete the work. The permittee shall be liable
for the actual cost of all work done by the Village pursuant to this
section and for 25% of the cost in addition for general overhead and
administrative expenses. The Village may apply in payment of the amounts
due it any funds of the permittee deposited as provided in this article
and may also enforce its right under the permittee's surety bond provided
pursuant to this article. The Village may also maintain an action
against the permittee for any amount due the Village over and above
the amounts deposited and may also recover from the permittee the
amount of all attorney's fees and other expenses incurred in collecting
the amount due.
All operations for which a permit is granted
under this article shall be under the direction and supervision of
the Superintendent of Public Works, who shall have authority to require
such barriers, railings, markings, lights and other safeguards as
he shall deem necessary to safeguard the public while the operation
is proceeding and until its completion.
The Superintendent may, when in his opinion
the safety of the public so requires, order suspension or cessation
of work done under any permit issued pursuant to this article.