2002-03-12 P& Z Agenda - Laserfiche WebLink

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has been corrected. If such proof has not been presented with the required time, the city may revoke the permit pursuant to Sec. 1.14. If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency. Subd. 2. Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by this code, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this chapter. Sec. 1.13. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner that the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. Sec. 1.14. Revocation of Permits. Subd. 1. Substantial Breach. The city reserves its right, as provided herein, to revoke any right-of- way permit, without a fee refund, if there is a substantial breach ofthe terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (a) The violation of any material provision ofthe right-of-way permit; (b) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (c) Any material misrepresentation of fact in the application for a right-of-way permit; (d) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittees control; or (e) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Sec. 1.07. Subd. 2. Written Notice of Breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be caused for revocation of the permit. A 10