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2002-11-27 CC Packet
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2002-11-27 CC Packet
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<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 />Ifthe obstruction or excavation of the right-of-way begins later or ends sooner that the date given on <br />the permit, permittee shall notify the city of the 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, ifthere 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 sha!1 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 of fact 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 <br /> <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' Sec. 1.07. <br /> <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 condition <br />of the permit the city shall make a written demand upon the permittee to remedy such violation. The <br />demand shall state that continued violations may be caused for revocation of the permit. A <br />substantial breach, as stated above, will allow the city, at its discretion, to place additional orrevised <br />conditions on the permit to mitigate and remedy the breach. <br /> <br />Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of <br />the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure the <br />breach. Permittee's failure to so contact the city, or the permittee's failure to submit an acceptable <br /> <br />Page 10 of 12 <br />
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