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07-24-17-SWS
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07-24-17-SWS
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193361v2 <br />360.20 Supplementary Notification. <br /> If the project, obstruction or excavation of the right-of-way begins later or ends sooner than the <br />date given on the permit, permittee shall notify the City of the accurate information as soon as <br />this information is known. <br />360.21 Revocation of Permits. <br /> Subd. 1 Substantial Breach. The City reserves its right, as provided herein, to revoke any <br />right-of-way permit, without a fee refund, if there is a substantial breach of the terms and <br />conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. <br />A substantial breach by permittee shall include, but shall not be limited to, the following: <br /> A. The violation of any material provision of the right-of-way permit; <br /> B. An evasion or attempt to evade any material provision of the right-of-way permit, or the <br />perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; <br /> C. Any material misrepresentation of fact in the application for a right-of-way permit; <br /> D. The failure to complete the work in a timely manner; unless a permit extension is <br />obtained or unless the failure to complete work is due to reasons beyond the permittee's control; <br />or <br /> E. The failure to correct, in a timely manner, work that does not conform to a condition <br />indicated on an order issued pursuant to 360.18. <br /> Subd. 2 Written Notice of Breach. If the City determines that the permittee has committed a <br />substantial breach of a term or condition of any statute, ordinance, rule, regulation or any <br />condition of the permit the City shall make a written demand upon the permittee to remedy such <br />violation. The demand shall state that continued violations may be cause for revocation of the <br />permit. A substantial breach, as stated above, will allow the City, at his or her discretion, to <br />place additional or revised conditions on the permit to mitigate and remedy the breach. <br /> Subd. 3 Response to Notice of Breach. Within twenty-four (24) hours of receiving <br />notification of the breach, the permittee shall provide the City with a plan, acceptable to the City, <br />that will cure the breach. The permittee's failure to so contact the City, failure to timely submit <br />an acceptable plan, or failure to reasonably implement the approved plan, shall be cause for <br />immediate revocation of the permit. Further, the permittee's failure to so contact the City, failure <br />to submit an acceptable plan, or failure to reasonably implement the approved plan, shall <br />automatically place the permittee on probation for one (1) full year. <br /> Subd. 4 Cause for probation. From time to time, the City may establish a list of conditions of <br />the permit, which if breached will automatically place the permittee on probation for one full <br />year, such as, but not limited to, working out of the allotted time period or working on right-of- <br />way grossly outside of the permit authorization. <br /> Subd. 5 Automatic Revocation. If a permittee, while on probation, commits a breach as <br />outlined above, permittee's permit will automatically be revoked and permittee will not be
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