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COUNT Y• OF HAWAII - TERRI`PORY OF HAIVAII • ,
9 ORDINANCE NO.~<
AN ORDINANCE REQUIRING THAT A PERIvIIT BE OBTAINED BEFORE AP1Y PUBLIC
HIGHLVAY, STREET, THOROUGHFARE, ALLEY OR SIDEIVALK OR ANY OPI3EIi PUBLIC
PLACE~IN THE COUNTY OF HAWAII IS DUG UP OR DISTURBED;. PRESCRIBING
THE REQUIREPIfEAiTS TO OBTAIN SUCH PERMIT AND THE DUTIES AND OBLIGA'PIONS
OF ANY PERMIT HOLDER; PROVIDING FOR 'PHE CHARGING OF FEES FOR SUCH
PERMITS; AND PRESCRIBING PENAIfTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE BOARD OF 6UPERVISORS OF 'PHE COUN'PY OF 13A'iVAII:
Section 1. Permit to dig up streets, etc. No person, as
defined by Section 16, Revised Laws of Hawaii 1945, shall, in any
manner or for any purpose, break up, dig up, disturb, undermine or
dig under or cause to be broken up, dug up, disturbed, undermined
or dug under, any public highway, street, alley, sidewalk or any
other public place in the County of Hawaii without having first
obtained a written permit therefor from the Ghief Engineer or his
authorized representative...
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Any person desiring the permit required in this Ordinance shall ~
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make application therefor to the Chief Engineer on a form prescribed
by said engineer. Said engineer may prescribe in said permit the
place wlies'e the work is to be done. Such permit shall be issued
upon the condition, and any applicant securing the issuance of a
permit shall be deemed to have thereby undertaken, that he vaill
restore or replace the public highway, street, alley, sidewalk or
other public place broken up, dug up, disturbed, undermined or dug
under, in as good condition as it was when the permit was issued,
Section 2, Performance Bond. 'The Chief Engineer may require
that prior to the issuance of a permit the applicant shall give, a
bond in favor of the County, which shall be a cash bond, surety
company bond, or personal surety bond as the Chief Engineer may
require, ar~d shall be in double the estimated amount of the cost
of restoring or replacing the public highway, street, alley, sidewalk
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or other public place in as good a condition as when the permission
was granted.
Section 3. Specifications for Restoration or Replacement.
Standard specifications outlining procedures to be followed in the
restoration or replacement of the public highway, street, alley,
sidewalk or any other public place shall be prescribed by the chief
engineer, and a copy thereof shall be kept on file in his office;
a copy thereof also shall be furnished to each applicant for a
permit requesting the same. `
Section 4. Fees. The applicant for the aforementioned
permit shall be required to pay, at the time of making application,
a fee of tvrenty-five cents per lineal foot for the first fifty feet
or less and two and one-half cents per lineal foot for all in excess
of fifty feet of openipg that is to cut into any public highway,
street, alley, sidewalk or any other public place, but no fee shall
be less than seven and one-half dollars; provided, however, that such
fee requirement shall not apply in any case where under the constitution
or laws of the United States such fee cannot legally be imposed; and
provided, further, that no fee shall be required where the only work
involved is the setting of poles and guys to carry overhead wires.
If the application is not approved, the fee shall be returned to the
applicant.
Section 5. Indemnification of County. ~i'he holder of a permit
as required by Section 1 shall indemnify and save harmless the
County of Hawaii, the officers and agents thereof, from all claims,
demands, suits, actions or proceedings of every name, character and
description which may be brought against the County for or on account
of any injuries or damages to any person or property received or
sustained by any person by or in consequence of any act or acts of
the holder of said permit on work done under the permit.
The holder of a permit while making repairs shall use every
precaution as to barricades, lights and watchmen for the safety of
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the public, and said holder shall be liable for accidents, should
any occur.
Section 6. Penalty. If any person who shall have obtained
a permit pursuant to this Ordinance shall fail to restore or replace
the public highway, street, alley, sidewalk or any other public
place as herein provided, he shall be liable to a penalty of not
less than five dollars, nor more than twenty-five dollars, f'or every
twenty-four hours that ,the default shall continue, and the said
chief engineer may restore or replace the same at the expense of such
person,. and such person shall be liable for such cost in addition
to the penaltyfbr delay.
Section 7. Separability. If any section, sentence, clause
or phrase of this Ordinance, or its application to any person or
circumstances, is for any reason held to be unconstitutional or
invalid, the remaining portions of this Ordinance, or the application
of this Ordinance to other persons or circumstances, shall not be
affected. 'I'he board of supervisors hereby declares that it ti°ro uld have
passed this Ordinance, and each section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more other sections,
sentences, clauses or phrases be declared unconstitutional or
invalid .
Section 8. This Ordinance shall take effect upon its
approval.
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Dated at ?Filo, Hawaii, this ~ day of _ , 194'7.
Introduced by;
Superviso., Representative
Distr:Lct.
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