[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.
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.
