all requirements of this ordinance have been met and, if appropriate, a two-year maintenance bond is in place.

A permit to install facilities that cross or directly impact the roadway is deemed also to require a permit to operate and maintain the facilities.

In the event that any action is required to address any maintenance issues during the maintenance period, the contractor shall be responsible for any additional work necessary to maintain the work. If a contractor is required to perform maintenance work, then the contractor shall also be required to secure a daily inspection permit and pay the fee for the time period required to perform the maintenance.

Specifications and Procedural Instructions shall be kept on file in the office of the County Engineer and/or County Highway Department and may be amended from time to time.

Maximum Fine. Every violation of this provision shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500.00).

In addition to any financial penalty, the County may also enforce these provisions with an injunction to ensure compliance. In the event that the County is required to seek and obtain an injunction, then the County shall receive all of its incurred costs, including attorney fees from the opposing party.

The County reserves the right to also take action to condemn or attach the bond of the contractor for violations of this ordinance and/or the specifications required for the work to be performed.

Each day or any portion of a day this ordinance is violated, then said each day or partial day shall constitute a separate offense.

SECTION 2. This ordinance shall be published by the Auditor of the County and shall be effective ten (10) days after publication.

DELAWARE COUNTY BOARD OF COMMISSIONERS

SHERRY RIGGIN, PRESIDENT

STEPHEN D. BRAND, VICE PRESIDENT

SHANNON HENRY, MEMBER