10-4-10-5: ENFORCEMENT AND PENALTIES:
A. It shall be the duty of the town engineer to administer and enforce the provisions of this title.
B. Every person convicted of a violation of any provision of this title shall be punished as provided in section 1-4-1 of this Code.
C. It is unlawful to erect, construct, reconstruct, alter, or use any structure or to use any land in violation of this title.
D. It is an infraction, as defined in section 1-3-2 of this Code, for any person to conduct construction work without an approved permit. Each person shall be liable for a separate offense for each and every day which work is continued without an approved permit and shall be punished accordingly.
E. The town engineer may suspend or revoke work authorized to be done pursuant to the permit if it is determined that any terms or conditions of the permit have been violated.
F. Right-of-Way Fines: The following fee schedule will be assessed to right-of-way (ROW) permit holders with the following violations. The town engineer may assess additional fines depending on project specific conditions and circumstances.
1. Three hundred dollars ($300.00)/day for any work occurring in the right-of-way after the completion date listed on the approved permit.
2. Three hundred dollars ($300.00)/day for inadequate traffic control.
3. Five hundred dollars ($500.00)/day for any work occurring in the right-of-way between October 31 and April 30.
4. One hundred dollars ($100.00)/day for any violations of the approved pavement restoration.
5. One hundred fifty dollars ($150.00)/day for any violations of reopening street closures and detours by seven o'clock (7:00) P.M.
6. One hundred dollars ($100.00)/hour for any debris not removed from streets or sidewalks.
G. Monument Fines: If any person shall damage, destroy or remove any corner or line point monument of any type without having first made satisfactory arrangement with the town engineer for reconstruction of said monument, said person shall be liable for any and all costs of replacement of said monument and in addition is subject to a fine of not more than three hundred dollars ($300.00) and/or imprisonment for a term not to exceed ninety (90) days for each offense.
H. In addition or as an alternative to such fine and/or imprisonment, the town may seek other remedies provided in law or equity including, but not limited to, injunction, mandamus, or abatement.
I. The town engineer may stop work, halt, or revoke town permits, withhold approval of additional permits, assess fines, and other remedies in response to violations of this title.
J. If any person fails or refuses to pay when due any charge imposed under this section, the town manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Summit County treasurer for collection. (Ord. 3, Series 2022)