§ 18.206. Construction work on public property.

(a)

Permit Required Prior to Construction. A person may not install, maintain, repair, relocate, or remove pipe, wire, cable, fiber optics, or other material, or perform any excavation or construction in, on, over, through, or across any public property without first obtaining a permit from the Department authorizing the work.

(b)

Permit. An application for a permit under this section shall be made to the Department. The application shall contain a plan and description of the proposed work and restoration of public property satisfactory to the Director. All work shall be performed in accordance with the description and plan authorized under the permit.

(c)

Permit Fee. The Department may not issue a permit until the Applicant has paid the permit fee pursuant to a fee schedule adopted by resolution of the County Council.

(d)

Surety. If required by the Director, the issuance of a permit under this section shall be conditioned on the posting of a bond, letter of credit, or other surety acceptable to the Director, which shall guarantee the cost of restoration of the public property. The Director shall determine the necessity for and the amount of the surety based on the Director's estimate of restoration that may be required as a result of the proposed work. The surety will be returned to the Applicant when the Director determines that any restoration has been satisfactorily performed.

(e)

Restoration. A person who performs work in public property pursuant to a permit under this section shall restore public property to a condition satisfactory to the Director. All restoration work shall conform to standards set forth in the design manual, the permit, or an agreement entered into with the Director.

(f)

Remedies. If the holder of a permit under this section does not satisfactorily restore the public property as provided under subsection (e) of this section, the County shall have the right to exercise any or all of the remedies as provided in this section.

(1)

The Director may order the work done and apply the surety posted by the permit holder to recover the costs incurred by the County in performing the work.

(2)

The Director may invoke civil penalties against the permit holder under title 24 "Civil Penalties" of the Howard County Code. A first offense is a Class B offense. A subsequent offense is a Class A offense.

(3)

The County may file a criminal complaint. A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, is subject to a fine of up to $1,000.00.

(4)

The demand on surety and the imposition of civil and criminal penalties shall be in addition to any other remedies the County may have in law or equity.

(g)

Exemption. The section does not apply to construction covered by a developer's agreement under title 16, subtitle 1 of the Howard County Code.

(C.B. 66, 1997)

Note— See the editor's note following § 18.205.