[Amended 4-5-2005 by Ord. No. 1160, approved 4-5-2005[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. VI, Deposits, amended 9-15-1970 by Ord. No. 673.
A.
The Borough Manager may conduct inspections at any
time during the excavation and restoration of the road opening. The
permittee shall notify the Borough upon completion of all work accomplished
under the provisions of the permit.
B.
The Borough Manager shall conduct a final inspection
of the work area and note any deficiencies prior to authorizing the
release of the restoration fee.
C.
Should any deficiencies be noted in the final inspection,
the Borough Manager shall cause written notice to be served on the
permittee specifying said deficiencies. The permittee shall be responsible
to make all repairs to correct said deficiencies.
D.
Should the permittee fail to correct said deficiencies,
the Borough shall retain the restoration fee and make said repairs
using Borough work forces. Any and all costs associated with repairs
performed by the Borough shall be deducted from the restoration fee.
Costs exceeding the restoration fee shall be invoiced to the permittee.
If the restoration fee deposited with the Borough
is less than sufficient to pay all costs of restoration by the Borough,
the permittee shall, upon demand, pay to the Borough an amount equal
to the deficiency. If the permittee fails or refuses to pay such deficiency,
the Borough may institute an action to recover the same in any court
of competent jurisdiction. Until such deficiency is paid in full,
no additional permits shall be issued to such permittee.
Upon notification by the permittee that all
work authorized by the permit has been completed and after restoration
of the opening, the Borough Manager shall refund to the permittee
his deposit less all costs incurred by the Borough in connection with
said permit. In no event shall the permit fee be refunded.
