[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-13-1984 by L.L. No. 13-1984]
The Board of Trustees of the Village of Wesley Hills finds and
declares it to be the public policy of the Village to regulate the
opening or excavation of any public street, sidewalk or road for the
protection of the health, safety and welfare of the public and to
prevent a public nuisance or public health hazard.
A.
No excavation or opening shall be made in any street, road or sidewalk
in the Village of Wesley Hills unless a permit is first obtained from
the Village of Wesley Hills for which a fee shall be paid by the applicant
in accordance with the fee schedule adopted by the Board of Trustees.
B.
No work shall commence under such permit until approval has been
obtained from the Village Engineer.
Public liability insurance protecting the Village against liability
for negligence and other acts of the applicant, in such amounts and
in such company or companies as may be approved by the Village Engineer,
must be obtained and certificates of such insurance filed with the
Village before any work shall commence under any permit issued pursuant
to the provisions of this article. Such insurance shall include completed
operations liability coverage, which shall remain in full force and
effect for a period of at least one year after completion of the work
to be performed and shall hold the Village harmless against any claims
for damages for said period of time.
All excavations, openings or closings of streets, ramps, sidewalks
and roads shall be made in accordance with rules and regulations adopted
by the Board of Trustees and on file in the Village offices, a copy
of which shall be attached to the permit.
All excavations must be properly barricaded and protected by
suitable lights in accordance with the regulations of the Village.
Upon completion of the work, all excavations shall be filled
and covered as soon as practicable in accordance with the rules and
regulations governing the work.
Failure to comply with the provisions of this article shall
render the contractor, the workmen who made the excavation, the owners
in front of whose premises the excavation is made, and the tenant
or other person who ordered the same or received the benefit thereof
liable for all damages sustained.
Anything herein contained to the contrary notwithstanding, where
an excavation in a street, road or sidewalk is sought to be made by
or on behalf of a franchised public utility company, then, and in
that event, the following shall apply:
A.
The utility company shall apply for a permit from the Village of
Wesley Hills for each excavation to be made.
B.
The utility company shall post and file with the Village an annual
fee in accordance with the fee schedule adopted by the Board of Trustees.
In addition, the company shall post a bond annually in amounts to
be determined by the Board of Trustees and shall file with the Village
Clerk proof of insurance coverages in such amounts as determined by
the Board of Trustees.
C.
All excavations, openings and closings of streets, roads or sidewalks
shall be made in accordance with rules and regulations adopted by
the Board of Trustees.
D.
In the event an emergency requires an excavation at such time or
times when the Village offices shall be closed, the applicant shall
notify the Police Department of the proposed excavation, and the next
day the applicant shall make proper application for a permit in the
same manner as if there had been no emergency.
A.
Any person who shall refuse or neglect to comply with any section
or provisions of this article shall be guilty of a violation. Each
and every violation of this article shall be punishable by a fine
not to exceed $500 or a sentence of imprisonment not to exceed 15
days, or both. Each day's continued violation shall constitute
a separate violation.
B.
In addition to all other remedies provided for herein, the Board
of Trustees may also enforce obedience to this article by injunction
or by any other remedy available to it by virtue of the judicial process.
The Mayor, Deputy Mayor and Code Inspector of the Village of
Wesley Hills shall have authority to issue appearance tickets for
violations of any of the provisions of this article.
