[Adopted 10-4-1976 by L.L. No. 6-1976
(Ch. 44, Arts. II through IV, of the 1974 Code)]
The purpose of this article is to provide for permits for excavations
in the Village of Angola which affect Village property, Village rights-of-way,
or Village easements.
The Village Clerk shall issue all appropriate permits for the excavation
of lands within the Village of Angola which affect Village property, Village
easements or Village rights-of-way, upon written approval by the Village Engineer.
The Village Engineer shall receive applications and recommend to the
Village Clerk the issuance of permits for the excavation of lands within the
Village of Angola, which excavations will or may affect Village property,
Village easements, or Village rights-of-way. He shall be responsible for making
periodic visits to the excavation site to familiarize himself with the progress
and quality of the excavation and to determine in general if the excavation
is proceeding in accordance with the permit application.
All applications shall contain such information as shall be required
from time to time by such rules and regulations promulgated through resolution
of the Village Board.
Prior to action by the Village Engineer and Village Clerk, the applicant
shall be required to file with the Village Clerk a performance bond in an
amount estimated by the Village Engineer to secure to the Village the satisfactory
repair of portions of the Village property and/or Village easements or Village
rights-of-way which could be damaged by the said excavation. A period of one
year, or such period as the Village Engineer may determine appropriate, shall
be specified by the Village Engineer and expressed in the bond. Such performance
bond shall comply with the requirements of the Village Law and shall be satisfactory
to the Village Board as to form, sufficiency, and manner of execution. The
bond shall be retained for a period of one year after the date of completion
of the anticipated excavation to assure its satisfactory condition.
In the event that said excavation is considered by the Village Engineer
to jeopardize or endanger Village water lines, water sewers, sidewalks, streets
or other property, the Village Engineer shall cause a notice to be served
upon the owner of the property benefited, the contractor and/or his agent
or employee to cease and desist from further work until certain work complies
with the Village of Angola Municipal Code and rules and regulations promulgated
by the Village Board pursuant to this article. Any person who refuses or fails
to comply with said order shall be deemed to be in violation of this article.
If, upon such excavation, the Village property must be repaired or replaced,
the Village may do the necessary work involved, and the cost and all other
expenses in connection with the proceedings shall be assessed against the
property benefited by the work in question.
Each violation of any provision of this article shall constitute a violation
pursuant to the Penal Law. Any person violating any provision of this chapter
shall be subject to a fine or penalty not to exceed $250 or imprisonment for
not to exceed 15 days, or both. Each day that a violation shall continue to
exist shall be deemed to be a separate violation.
