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2002-08-23 Proposed Right of Way Ordinance Memo
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2002-08-23 Proposed Right of Way Ordinance Memo
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<br />(a) At the time of inspection the city may order the immediate cessation of any work which <br />poses a serious threat to the life, health, safety or well being of the public. <br /> <br />(b) The city may issue an order to the permittee for any work which does note conform to the <br />terms of the permit or other applicable standards, conditions, or codes. The order shall state <br />the failure to correct the violation will be cause forrevocation of the permit. Within ten (10) <br />days after issuance of the order, the permittee shall present proof to the city that the violation <br />has been corrected. If such proofhas not been presented with the required time, the city may <br />revoke the permit pursuant to Sec. 1.14. <br /> <br />If the city becomes aware of an emergency regarding facilities, the city will attempt to <br />contact the local representative of each facility owner affected, or potentially affected, by the <br />emergency. In any event, the city may take whatever action it deems necessary to respond to <br />the emergency, the cost of which shall be borne by the person whose facilities occasioned the <br />emergency. <br /> <br />Subd. 2. Non-Emergency Situations. Except in an emergency, any person who, without first <br />having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain <br />a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees <br />required by this code, deposit with the city the fees necessary to correct any damage to the right-of- <br />way and comply with all of the requirements of this chapter. <br /> <br />Sec. 1.13. Supplementary Notification. <br /> <br />If the obstruction or excavation of the right-of-way begins later or ends sooner that the date given on <br />the permit, permittee shall notif'y the city ofthe accurate information as soon as this information is <br />known. <br /> <br />Sec. 1.14. Revocation of Permits. <br /> <br />Subd. 1. Substantial Breach. The city reserves its right, as provided herein, to revoke anyright-of- <br />way permit, without a fee refund, if there is a substantial breach ofthe terms and conditions of any <br />statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach <br />by permittee shall include, but shall not be limited to, the following: <br /> <br />(a) The violation of any material provision of the right-of-way permit; <br /> <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 /> <br />(c) Any material misrepresentation offact in the application for a right-of-way permit; <br /> <br />(d) The failure to complete the work in a timely manner; unless a permit extension is <br />obtained or URless the faihire to cOlllfJlete worl: is due to reasons beyond the permittees <br /> <br />Page 10 of 12 <br />
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