§ 12.20.020. Deposit required.

A.

A deposit of five hundred dollars is required for crossing or excavation within the right of way of any street or alley within the corporate limits. Any deposit required under this Chapter 12.20 shall secure the obligation of the permit holder to restore the public right of way and any public or private improvements located thereon to a condition which equals or exceeds the condition of the right of way or improvements prior to commencement of construction.

B.

The village board may increase the sum specified in subsection A. of this section to any amount which the board in its discretion deems necessary to cover any cost which the village will incur should the permit holder fail to complete construction in accordance with the approved plans or permit.

C.

The permit designated in Section 12.20.010 must be issued by the village board at a regular or special meeting before any such crossing or excavation within the right of way can be made. Any applicant who accepts such a permit shall be deemed to accept the terms and conditions imposed by this Chapter 12.20.

D.

As a condition precedent to the issuance of a permit, the village board may in its discretion require the submission and approval of plans for any such excavation containing such detail as deemed necessary by the village engineer.

E.

If the right of way and any public or private improvements located therein are returned to a condition which equals or exceeds the condition thereof prior to the commencement of construction by the permit holder, then the deposit posted as required in subsection A. of this section shall be returned to the permit holder or released as appropriate. However, should the permit holder fail within a reasonable period of time to return the public right of way and any public or private improvements located therein to a condition which equals or exceeds their condition immediately prior to commencement of construction or otherwise fail to comply with any approved plan or permit, then the village may at its option complete any necessary repairs or restoration and apply any deposit or other security posted as required in this section to the extent necessary to pay any costs incurred by the village in order to complete any such repair or restoration. To the extent that the security posted by the permit holder is insufficient to cover any such costs incurred by the village, the village may recover any such costs from the permit holder together with any costs of collection incurred by the village including reasonable attorneys fees.

(Ord. No. 2004-13, § 3, 10-19-2004; Ord. 5-1950 (part), 1950, as amended by vote of the village board, effective April 17, 1951)