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<br />Right-of-Way Ordinance No. 113 11 <br />3. Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way user <br />may elect to pay a degradation fee. However, the right -of-way user shall remain responsible for <br />patching and the degradation fee shall not include the cost to accomplish these responsibilities. <br /> <br />3. Standards. The permittee shall perform patching and restoration according to the standards and with the <br />materials specified by the City and shall comply with Minnesota Rule 7819.1100. <br /> <br />4. Duty to correct defects. The permittee shall correct defects in patching, or restoration performed by <br />permittee or its agents. Permittee upon notification from the Zoning AdministratorCity Engineer, correct all <br />restoration work to the extent necessary, using the method require by the Zoning AdministratorCity <br />Engineer. Said work shall be completed within five (5) calendar days of the receipt of the notice from the <br />Zoning AdministratorCity Engineer, not including days during which work cannot be done because of <br />circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable <br />under Section 1417. <br /> <br />5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition <br />required by the Zoning AdministratorCity Engineer, or fails to satisfactorily and timely complete all <br />restoration required by the Zoning AdministratorCity Engineer, the City at its option may do such work. In <br />that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the <br />right-of-way. If permittee fails to pay as required, the City may exercise its rights under the cons truction <br />performance bond. <br /> <br />Section 1215. Inspection. <br /> <br />1. Notice of Completion. When the work under and permit hereunder is completed, the permittee shall <br />furnish a completion certificate in accordance Minnesota Rules 7819.1300 . or other as-built documentation <br />as deemed necessary by the City Engineer. <br /> <br />2. Site Inspection. Permittee shall make the work-site available to City personnel and to all others as <br />authorized by law for inspection at all reasonable times during the execution of and upon completion of the <br />work. <br />3. Authority of Zoning AdministratorCity Engineer. <br /> <br />1. At the time of inspectioninspection, the Zoning AdministratorCity Engineer may order the <br />immediate cessation of any work which poses a serious threat to life, health, safety or well <br />beingwellbeing of the public. <br /> <br />2. The Zoning AdministratorCity Engineer may issue an order to the permittee for any work that <br />does not conform to the terms of the permit or other applicable standards, conditions, or codes. <br />The order shall state that failure to correct the violation will be cause for revocation of the permit. <br />Within ten (10) days after issuance of the order, the permittee shall present proof to the Zoning <br />AdministratorCity Engineer that the violation has been corrected. If such proof has not been <br />presented within the required time, the Zoning AdministratorCity Engineer may revoke the permit <br />pursuant to Section 1417. <br /> <br />3. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or <br />ends sooner than the date given on the permit, permittee shall notify the Zoning AdministratorCity <br />Engineer of the accurate information as soon as this information is known. <br /> <br />Section 1316. Work Done Without a Permit. <br /> <br />1. Emergency Situations. Each person with facilities in the right-of-way shall immediately notify the City of <br />any event regarding its facilities that it considers being an emergency. Excavator’s notification to Gopher <br />State One Call regarding an emergency situation does not fulfi ll this requirement. The owner of the <br />facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two (2) <br />business days after the occurrence of the emergency the owner shall apply for the necessary permits, pay <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Not Highlight <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt