[Adopted 12-23-1997 by Ord. No. 158 (Ch. 93, § 93.02, of the 1993 Code)]
No person without lawful authority shall dig, break, displace, alter or in any other way violate the existing condition of any pavement, road shoulders, curbing, ditches or other public improvements on any street, road, alley or sidewalk or dig, excavate or fill same in Henderson County.
No person without lawful authority shall cause a discharge of a concentrated source of water or other liquids onto a Henderson County right-of-way and/or pavement, curbing, alley or sidewalk in such a manner as to cause damage thereto.
A. 
No person shall make any changes, alterations or cuts, bore under or in any way violate the existing conditions of the sidewalks, curbs, gutters, streets, roads, road shoulders or alleys of Henderson County without first having filled out the necessary forms and having obtained the written approval (excavation permit) of the County Engineer.
B. 
In approving an application to change, alter, cut, bore under or in any way violate the existing conditions of the sidewalks, curbs, gutters, streets, roads, road shoulders or alleys of Henderson County, the County Engineer shall consider the needs to protect the County improvement, the future needs of the County and the cost of maintenance in the future of said change, alteration, cut or boring under. All water lines, telephone lines, cables, gas lines, sewer lines or other easements shall be to the outermost part of the County road or street easement and at least four feet below the depth of the ditch.
The County Engineer shall make and keep an accurate record of all excavation permits showing the work permitted thereunder and shall have any such connections or extensions made a part of and shown on the blueprints of the County. The County Engineer shall also maintain, subject to public inspection, blueprints of the sewage systems, water mains, gas mains and any other underground public service units that may be installed in, for or by Henderson County under such permit.
Any person making excavations, digging or tunneling shall be responsible for the cost of such work; and, after having completed such work, shall be required to replace and rebuild that portion of the street, public alley or sidewalk damaged or removed in such a manner that it will be in a condition as good as it was prior to the issuing of a permit for such work. It shall further be the duty of any person to tamp back the filling for any and all excavations in such a manner as will meet the approval of the Henderson County Engineer.
A. 
Any person, firm or corporation found to be in violation of §§ 214-7 and 214-8 shall be subject to penalties of not more than a fine of $500 and/or imprisonment in the Henderson County Detention Center for a period up to 365 days.
B. 
Any person who obtains written approval from the County Engineer but fails to repair and replace said property in a condition as good as it was prior to the issuance of the permit for such work shall be given written notice of the violations that exist and allowed 10 days to correct any and all violations cited. If the violations continue to exist after the expiration of the notification period, the violator will be subject to a penalty of $500 per day until the violation has been corrected and accepted by the County Engineer. Each day past the ten-day notice period shall be a separate offense.