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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 <br />allowed further permits for one full year, except for emergency repairs. Notice of the revocation <br />shall be mailed to the permittee within three business days of the decision. <br />Subd. 6 Reimbursement of City Costs. If a permit is revoked, the permittee shall also <br />reimburse the City for the City's reasonable costs, including restoration costs and the costs of <br />collection and reasonable attorneys' fees incurred in connection with such revocation. <br />Q 360.22 Mapping Data. <br />Each registrant and permittee shall provide mapping information required by the City in <br />accordance with Minnesota Rules 7819.4000 and 7819.4100. <br />l 360.23 Location and Relocation of Facilities. <br />Subd. 1 Placement, location and relocation of facilities must comply with the Act, with other <br />applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent <br />the rules do not limit authority otherwise available to cities. <br />Subd. 2 The City may assign specific area within the right-of-way, or any particular segment <br />thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, <br />the City expects will someday be located within the right-of-way. All excavation, obstruction or <br />193361v6 <br />