Sec. 15-8. - Permits — Authorized for certain encroachments.

The road commissioner of the county may issue written permits authorizing the permittee to do any of the following acts:

(a)

Make an opening or excavation for any purpose in any county highway.

(b)

Place, change or renew an encroachment.

(c)

Place or display in, under or over any county highway any kind of advertising sign or device. Any such sign or device placed or displayed contrary to the provisions of this section is a public nuisance and the county road commissioner may immediately remove it. The provisions of this section shall not prohibit the posting of any notice in the manner required by law or by the order of any court of this state.

(d)

Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing within any county highway. Any person violating this section or who does any of the acts specified in this section without the authority of such a permit is guilty of a misdemeanor.

(Ord. No. 231 § a.)

Sec. 15-8.5. - Fees for the issuance of encroachment permits.

(a)

The Board reserves the authority and right to establish, by resolution, a schedule of fees for the engineering review and inspection of work performed under the authority of a written permit issued pursuant to the provisions of this article.

(Ord. No. 2386 § 2.)

Sec. 15-9. - Same — Conditions.

Any permit issued under the provisions of this article may provide that the permittee will pay the entire expense of replacing the highway in as good condition as before, and may provide such other conditions as to the location and the manner in which the work is to be done as the county road commissioner finds necessary for the protection of the highway.

(Ord. No. 231 § 3.)

Sec. 15-10. - Compliance with article and term of permit.

Any act done under the authority of a written permit issued pursuant to the provisions for this article shall be done in accordance with the applicable provisions of this article and the terms and conditions of such permit.

(Ord. No. 231 § 2.)

Sec. 15-11. - Removal or relocation; revocation of permit.

Any permit issued to a permittee of the class specified in section 15-18 shall contain a provision that in the event of the future improvement of the highway, necessitating the relocation or removal of such encroachment, the permittee will relocate or remove the same at his sole expense. In such event, the county road commissioner shall serve on the permittee his written demand specifying the place of location or that the encroachment must be removed from the highway and specifying a reasonable time within which the work of relocation shall be commenced. The permittee shall commence such relocation or removal within the time specified in the demand and thereafter diligently prosecute the same to completion. All permits other than those issued to permittees of the class specified in section 15-18 are revocable on five days' notice and the encroachment shall be removed or relocated as may be specified by the county road commissioner in the notice revoking the permit and within the time specified by the county road commissioner, which time shall not be less than such five days unless the permit so provides.

(Ord. No. 231 § 4.)

Sec. 15-12. - Supervision of work by county road commissioner. ^[95]

The county road commissioner shall not directly supervise any work done under permit issued under the provisions of this article. Control of work done under this article shall be limited to engineering review of plans required for issuance of the permit and inspection of work to insure compliance with permit requirements.

(Ord. No. 2386 § 2.)

Sec. 15-13. - Emergency repairs.

Permittees may excavate openings in county highways to make repairs in cases of emergency requiring immediate action. In such cases the appropriate representative of the county road commissioner's office shall be promptly notified of any such action and such permittee, at his own expense, shall immediately replace such county highway in as good condition as before such excavation. A city or public corporation supplying water service to its inhabitants may, within its corporate limits, excavate a county highway without a permit in cases of emergency requiring immediate action; but in such cases the county highway shall at the expense of the city or public corporation be replaced in as good condition as before such excavation.

(Ord. No. 231 § 6.)

Sec. 15-14. - Bond generally.

Before granting a permit under the provisions of this article, the county road commissioner may require the applicant to file with him a satisfactory bond, or a cash deposit equal to the amount of the bond, payable to the county in such an amount as he deems sufficient to insure proper compliance by the permittee with the provisions of this article.

(Ord. No. 2386 § 4.)

Sec. 15-15. - Annual bond of public utilities.

Public utilities corporations shall annually file with the county road commissioner of the county a faithful performance bond covering all permits required under this article by the public utilities corporations for each year in such amounts as the county road commissioner deems sufficient, conditioned upon the proper compliance by the corporations with the provisions of this article.

(Ord. Nos. 244 § 1, 251 § 3.)

Sec. 15-16. - Insurance.

In addition to the bonding requirements of this article, and before granting a permit under the provisions of this article, the county road commissioner shall require each applicant to file with the county road commissioner a certificate showing the maintenance of insurance to cover the liability of the permittee for property damage and injuries to persons in connection with the work sought to be done under the permit.

The minimum limits of such insurance shall be fixed by the road commissioner in such amounts as he deems sufficient, and in fixing the limits the road commissioner shall use as his basis, the costs and hazards involved in the work sought to be performed under the permit.

(Ord. Nos. 244 § 2, 251 § 3.)

Sec. 15-17. - Bonding of political subdivisions, etc.; issuance of permit to political subdivisions, etc.

Except as otherwise provided in this section, a bond shall not be required of any city, public corporation or political subdivision which is authorized by law to establish or maintain any works or facilities, in, under or over any public highway, nor shall the application of any such governmental unit for a permit be denied. Every such applicant is entitled as a matter of right to a permit, but is otherwise subject to the provisions of this article and to all reasonable conditions and provisions made by the county road commissioner in any such permit.

The county road commissioner may require of any such applicant a bond in a sum not to exceed twenty thousand dollars if such applicant has in fact prior to such application failed to comply with the provisions of this article or with the provisions of a previous permit.

(Ord. No. 231 § 8.)

Sec. 15-18. - Water or utility district blanket permits.

Any city, municipal utility district, municipal water district or metropolitan water district is entitled to a blanket permit renewable annually for the installation of its service connection and for ordinary maintenance of its facilities located or installed in county highways; but the county road commissioner may revoke any such blanket permit if the permittee fails to comply with the provisions of this article. When any such permit is revoked in a proper case such municipal utility district, municipal water district or metropolitan water district is entitled to a permit only on furnishing a bond as provided in section 15-14.

(Ord. No. 231 § 9.)