Council provides, by this Part 1, that the responsibility and authority for the administration and enforcement of the chapter shall rest in the office of the Municipal Engineer.
The Engineer may appoint, as his representatives,
persons to enforce this Part 1. These agents shall have the authority
and responsibility for the enforcement of this Part 1 as vested in
the Engineer.
When work performed by a utility or contractor
under this Part 1 is found in violation of same, the contractor or
utility may be given the opportunity to make corrections as required
by the municipality. If the corrections are not completed in the specified
time or not completed as specified, the municipality may suspend all
work, whether completed or in progress, in noncompliance with this
Part 1 and take appropriate safety precautions. All work performed
or contracted for by the Municipality of Kingston to attain compliance
in this regard shall be billed to the utility or contractor, plus
a penalty of 20%. In addition, a penalty for noncompliance shall be
imposed.
The utility shall actively resume work upon
order from the municipality after a suspension.
[Amended 7-6-1999 by Ord. No. 1999-5]
If the utility or contractor fails to make adequate corrections to work found in noncompliance with this Part 1 in the time specified, a penalty shall be imposed until said corrections are completed pursuant to Code § 156-49. Each day that a violation continues shall constitute a separate offense. (See Fee Schedule.)[1]
[1]
Editor's Note: The Fee Schedule is included
as an attachment to this chapter.
A.
The municipality reserves the right to bar any contractor
or his employee from working within the municipal limits, whose work
is found in noncompliance with this Part 1. The municipality reserves
the right to refuse issuance of a permit to any applicant who fails
to maintain pave cuts in accordance with this Part 1 or who fails
to pay sums due to the municipality within 30 days from the date of
billing.
B.
The municipality reserves the right to refuse issuance
of a permit to cut new pavement.
Every public utility shall file with the Engineer
a designation in writing of the name and the post office address of
a person within the Commonwealth of Pennsylvania, upon whom service
of any notice, order or process may be made under this Part 1. Such
designation may, from time to time, be changed by like writing, similarly
filed.
At the discretion of the municipality, licensed
contractors, other than those under contract to a utility, may be
permitted to make an opening, cut or excavation in the municipality's
public streets. Sections pertaining to public utilities shall be applicable
to licensed contractors. (See Fee Schedule.)[1]
[1]
Editor's Note: The Fee Schedule is included
as an attachment to this chapter.
All litigation, hearings, investigations and
other proceedings whatsoever, pending under any act repealed by this
Part 1, shall continue and remain in full provisions of this Part
1. All orders, rules or regulations issued or filed under any act
repealed by this Part 1, and in full force and effect upon the effective
date of this Part 1, shall remain in full force and effect for the
term issued or until revoked, vacated or modified under the provisions
of this Part 1. All existing contracts and obligations entered into
or created under any act repealed by this Part 1, and in force and
effect upon the effective date of this Part 1, shall remain in full
force and effect.
The repeal by this Part 1 or any other act shall
not revive any law heretofore repealed or superseded and shall not
impair or affect any act done, offense committed or liability, penalty,
judgment or punishment incurred, prior to the time this Part 1 takes
effect, but the same may be enforced, prosecuted or inflicted as fully
and to the same extent as if this Part 1 had not been passed. The
provisions of this Part 1, as far as they are the same as those of
existing laws, shall be construed as a continuation of such laws and
not as new enactments.
[Amended 2-11-1985; 7-6-1999 by Ord. No. 1999-5]
Any person who shall violate any provision of
this Part 1 shall, upon conviction thereof, be punishable by a fine
of not more than $300 and costs of such proceedings or, upon default
of payment of such fine and costs, by imprisonment in the county jail
for not more than 30 days. Each day that a violation continues shall
constitute a separate offense.
Any person charged with violating any provision
of this Part 1 may sign an acknowledgment of the offense committed,
either before or after the beginning of suit, any pay to any duly
authorized agent of the municipality the maximum fine provided by
this Part 1, together with costs accruing to that date. Such person
shall receive a printed receipt thereof which shall bear the imprint
of the seal of the municipality and the signature of its Mayor, which
shall be evidence of full satisfaction of the offense committed.
