HomeMy WebLinkAboutOrd 5053 10/19/1999 ORDINANCE NO. 5053
AN ORDINANCE AMENDING CHAPTER 9 OF THE VILLAGE CODE OF
MOUNT PROSPECT BY PROVIDING FOR A UTILITY PERMIT PROCEDURE
Passed and approved by
the President and Board of Trustees
the 19th day of October, 1999
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
20th day of October, 1999
ORDINANCE NO. 5053
AN ORDINANCE AMENDING CHAPTER 9
OF THE ¥1LLAGE CODE OF MOUNT PROSPECT
BY PROVIDING FOR A UTILITY PERMIT PROCEDURE
WHEREAS, the Village of Mount Prospect hereby finds that a better understanding of the work
being performed by utility companies on public rights-of-way and public utility easements within the
Village is needed in order to provide for the orderly flow of traffic as well as the safety of the public;
and
WHEREAS, the Village of Mount Prospect finds that a uniform procedure for permitting utility work
within all such public rights-of-way and utility easements, including provisions
providing for fines to be imposed upon utility companies which violate such procedure, meets this
need; and
WHEREAS, as an Illinois Home Rule Municipality, the Village of Mount Prospect has the authority
to regulate the utility work occurring in public rights-of-way and utility easements.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Chapter 9 of the Village Code of Mount Prospect, as amended, and entitled
"Streets and Sidewalks", is hereby further amended by adding a new Article VI, entitled "Utility
Permit Work Requirements" which shall be and read as follows:
Sec. 9.60'1. Procedure. Any utility company performing work on its property on, under,
or over a public right-of-way utility easement within the Village of Mount Prospect shall
adhere to the regulations described in the most current version of the Procedure for
"Permitting Utility Work Within All Public Rights-of-Way and Easements in the Village of
Mount Prospect". The Village Clerk and the Village Engineer shall keep copies of the
current "Procedure for Permitting Utility Work Within All Public Rights of Way and
Easements in the Village of Mount Prospect" for public inspection and a copy shall be
provided to any utility upon a request submitted to the Village Clerk.
"Utility company" means any non-municipal supplier of utility service, including but not
limited to Ameritech, Nicor, ComEd, TCI, Citizens Utilities, and Ameritech-New Media.
Sec, 9.602. Penalty. Any person violating any provision of this Article shall be fined the
full amount of any mitigation costs incurred by the Village. In addition, unless otherwise set
forth herein, any person violating any provision of this Article shall be fined as follows:
Non-emergency work progressing without a permit $500.00
Non-emergency work being performed inconsistent $500.00
with approved permit
Utility Permit Procedure
Page 2/3
Emergency work progressing without proper oral notification $500.00
and approval
A written permit is not been submitted after the oral approval $500.00
of emergency work
Continuing work after suspension or revocation of permit $500.00
Failure to backfill excavated area after inspection by the $500.00
Forestry Division
Failure to remove tree after being directed by the $500.00
Forestry Division
Tree protection violations (See Chapter 9, Article V
of the Mount Prospect Village Code)
A separate offense shall be deemed committed on each day dudng, or on which, a violation
occurs or continues.
9.603. Citations. The Director of Public Works has the authority to issue citations to any
persons who violate the provisions of this Article. Violations committed by employees or
contractors of companies during work-related activities will be considered violations
committed by the employing or contracting company, and citations will be delivered to the
employing or contracting company. All citations issued relevant to this ordinance will advise
the notified person or organization that a violation to a specific subsection of this ordinance
has occurred, and the violation will be detailed. The citation will request the notified person
or organization to make payment in the amount specified in this ordinance as settlement
of the violation. The citation will also inform the notified person or organization that upon
failure to settle the violation, a complaint will be filed in the Circuit Court of Cook County.
9.604. Service of Notice or Citation. Service of any notice required or citation permitted
by this Article may be accomplished by either of the following methods:
1. Personal Service - This may be achieved by actual delivery to an employee
or representative of the utility company with knowledge of the work in
question.
2. Substituted Service - This may be achieved by mailing of the notice or
citation by both registered and regular mail to an employee or representative
of the utility company with knowledge of the work in question.
tility Permit Procedure
Page 3/3
SECTION TWO: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form in the manner provided by law.
AYES: ~orcoran, Hoefert, Lohrstorfer, Skowron, Wilks
NAYS: None
ABSENT: Nocchi
PASSED and APPROVED this 19th day of October ,1999.
A
TTEST:
Vel~a W. Lowe
Village Clerk