Georgetown Idaho

AN ORDINANCE PROHIBITING ANY DIGGING, EXCAVATING OR ALTERATION OF ANY CITY ROADS, WITHOUT A PERMIT AND REQUIRING THE PROCUREMENT OF A PERMIT PRIOR TO DISTURBING ANY CITY ROAD SURFACE, PROVIDING FOR A RESOLUTION TO ADOPT A FEE, AND PROVIDING FOR A PENALTY FOR FAILURE TO COMPLY AND PROVIDING FOR AN EFFECTIVE DATE AND DISPENSING WITH THE REQUIREMENT FOR THREE (3) READINGS.

IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, BEAR LAKE COUNTY AS FOLLOWS:

Section 1: From and after the effective date of this ordinance, no persons, firm, partnership, or corporation shall dig, trench, excavate, in or across, or alter, remove, or disturb the surface or shoulder of any City road within the City of Georgetown, for any purpose, without first obtaining a permit in accordance with the provisions and procedures set forth in this ordinance.

Section 2: Any person, firm, partnership, or corporation desiring to dig, trench, excavate, in or across, or to alter, remove, or disturb the surface or shoulder of any city road shall first make a written application to the Georgetown City Council to do so on forms approved by the City Council and furnished by the City. Such application shall set forth the name and address of the applicant, the name and address of the person, firm, partnership, or corporation doing the work, the location of the proposed work, a description of the nature and extent of the work to be done, and the maximum length of time needed to complete such work. At the time of making such application, the applicant shall agree in writing to indemnify and hold free and harmless the City from any and all liability for injury to person or property arising in connection with such work, and to do such work in conformance with specifications and conditions set forth by the City.

Section 3: If, after consideration of the information contained in the application, the Georgetown City Council is of the opinion that the proposed work would not (1) cause excessive damage to subject road resulting in unreasonably high repair costs to the city, (2) unreasonably obstruct the free flow of traffic on the subject road, or (3) either during or after the completion of the work, cause an unreasonably high risk of danger to users of the subject road, the City shall forthwith issue a permit therefore. The permit may set forth such conditions and limitations as in the opinion of the City Council are necessary to promote the health, safety and welfare of the public. As a condition to the issuance of a permit as provided, permittee shall deposit with city clerk a money deposit in an amount to be determined by the City Council by resolution for the work to be done. Said sum shall be refunded to permittee, after inspection of the work site, and City becoming satisfied that permittee has restored the subject road to as a safe and passable condition as existed prior to such work being performed thereon, which restoration shall include the proper replacement of any asphalt removed from a paved road. Should permittee fail to make the necessary and proper restoration and reparation of the road surface or shoulder, said deposit shall be forfeited by permittee. The permittee shall bear the total cost of restoring the subject City road or shoulder to as safe and passable condition as existed, prior to such work being performed thereon, whether such restoration work be performed by the applicant of the City; and if performed by the City, permittee shall reimburse the City for the necessary and reasonable costs thereof.

Section 4: No permit shall be required hereunder for the City.

Section 5: Violation of any of the provisions of this ordinance shall be an infraction and punishable by a fine of $300.00. Each day a party remains in violation shall be considered a separate offense.

Section 6: If a Court of competent jurisdiction determines that any portion of the ordinance is void or otherwise unenforceable; all other provisions of this ordinance shall remain in full force and effect.

Section 7: This ordinance shall take effect and be enforced from and after its passage and publication according to law.

Section 8: One-half plus one of the full council votes to dispense with the requirement that this ordinance be read on three (3) separate occasions.

Regularly passed and adopted by the City of Georgetown on this 2nd day of October, 2018.

CITY OF GEORGETOWN
Bear Lake County, Idaho
_______________________________
Stephan R. Waechtler, Mayor

ATTEST:
_____________________________
Lynette Smith, City Clerk

The application form is available at https://georgetown.id.gov/city-ordinances/ordinance-96-dig…application-form