Chapter 12.20 — PERMITTEE RESPONSIBILITY

The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by permittee under permit or proximately caused by failure on the permittee's part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the town, its officers or employees, permittee shall defend, indemnify and hold them and each of them, harmless from such claim insofar as permitted by law.

The permittee shall take out such public liability insurance as the director of public works may specify and shall furnish the town a certificate thereof.

(Ord. 469 § 26, 1967)

The permittee in the conduct of the construction, use or maintenance of an encroachment authorized by a permit issued pursuant to this title shall provide, erect, and maintain such lights, barriers, warning signs, patrols, watchmen and other safeguards as are required and set forth by the director of public works of the

town. Any omission on the part of the director to specify lights, barriers, or other protective measures and devices in the permit shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public street. If, at any time, the director finds that suitable safeguards are not being provided, the town may provide, erect, maintain, relocate, or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.

Unless specifically permitted by the director, open trenches in excess of three hundred feet in advance of the pipeline operation will not be allowed.

(Ord. 469 § 27, 1967)

The permittee shall give particular attention to facilitating the flow of vehicular and pedestrian traffic. The permittee may be required to remove excavating material from the site of the encroachment as it is excavated rather than stockpiling it on the street when such removal is necessary to permit traffic to pass freely and safely.

When the temporary closure of a public street to pedestrian and/or vehicular traffic is requested by the permittee, the permit shall be applied for at least two weeks in advance of the date of requested closure. The director shall determine the effect of the requested closure, and if satisfied as to adequate, available, alternate detour routes may issue a permit, attaching such conditions as he may deem necessary for the health, safety and welfare of the public and for the protection of the town. When emergency situations arise due to unforeseen circumstances or other causes, the two week period may be waived. Before closure of any public street, the permittee shall notify the police, fire and ambulance authorities having jurisdiction.

(Ord. 469 § 28, 1967)

It shall be incumbent upon the permittee to plan and execute the work or use so as to cause the least inconvenience to the general public and abutting property owners. Owners of abutting property shall be notified of inconvenience to them which will result from any street cut as directed and required by the director.

Permittee shall provide free and unobstructed access to all mailboxes, fire hydrants, water gates, valves, manholes, drainage structures and other public service structures and property that may be required for emergency use. Permittee shall not remove such public service structures and property or relocate same without proper permission from the authorities charged with control and maintenance of same.

The permittee shall, at his own expense, preserve and protect any adjoining property likely to be damaged during the progress of excavation work by providing proper foundations, shoring, or other appropriate measures. Where in the protection of such property it is necessary to enter upon private property, the permittee shall obtain permission to enter from the owner.

(Ord. 469 § 31, 1967)

If the work, use or encroachment authorized in the permit issued pursuant to this title interferes with the established drainage, the permittee shall provide for proper drainage as directed by the director. Should the permittee fail to properly care for drainage, the director shall notify the permittee to take corrective action. If the permittee fails to complete such corrective action immediately upon receiving said notice, the director shall take such action as may be necessary to correct the drainage at the expense of the permittee.

(Ord. 469 § 32, 1967)

Upon completion of the work, acts or things for which the permit was issued, or when required by the director, the permittee shall replace, repair or restore the right-of-way or watercourse at the place of work to the same condition existing prior thereto, unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, materials or rubbish caused or placed within or upon the watercourse or the right-of-way under the permit, and shall do any other work or perform any act necessary to restore the watercourse or right-of-way to a safe and usable condition.

Any abandoned driveway for which there is no immediate reasonable use as such, or where the use or condition of the abutting property has been so changed that the driveway is no longer needed, shall be removed and replaced with standard curb, gutter and sidewalk to fit the existing line and grade of adjacent standard curb, gutter and sidewalk, within thirty days after the driveway has become abandoned. Any driveway abandoned as defined above and not removed or reconstructed within thirty days after its abandonment, shall justify the town in removing the driveway and replacing the same with standard curb, gutter and sidewalk at the sole expense of the permittee.

(Ord. 469 § 33, 1967)