§ 12.04.080. Application—Bond required.

A.

In the event that the existing surface of the right-of-way of any public highway is to be disturbed by such use or encroachment, by the permittee, such permittee shall replace, repair or restore the public highway at the place of such use or encroachment to the same condition existing prior to such work within a specified time as shall be set forth in the permit; and if the same is not performed within such time, the county road commissioner may do whatever work or perform whatever act is necessary to restore the public highway to its former condition at the expense of the permittee.

B.

The permittee shall remove all obstructions, impediments or materials caused or placed upon the public highway under such permit within the specified time therefor, otherwise the same may be removed by the county road commissioner at the expense of the permittee.

C.

The applicant shall furnish to the county and file with the clerk of the board of supervisors before such permit is granted, a cash bond or a good and sufficient surety bond issued by a company duly and regularly authorized to do a general surety business in the state, in a penal sum to be fixed and determined in each instance by the county road commissioner in accordance with and subject to a schedule therefor adopted by the board of supervisors, and which shall be sufficient to cover all such expenses, such bond to be conditioned that the permittee shall diligently and in good faith comply with the terms and conditions of this chapter and the permit, and that in case of any breach thereof the county shall be fully compensated and reimbursed for all damage and expense incurred by reason thereof; provided, however, that in lieu thereof the applicant may annually deposit as aforesaid a cash deposit or surety company bond in a penal sum sufficient as aforesaid and conditioned that such applicant shall diligently and in good faith comply with the terms and conditions of this chapter and of any and all permits which may be issued to the applicant during the period covered by such bond.

D.

The county road commissioner may require additional deposit or bond at any time when in his opinion the amount thereof is insufficient, subject, however, to the above-mentioned schedule adopted by the board of supervisors.

(Prior code § 4102 (4))