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2025 02-11 PC Packet
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2025 02-11 PC Packet
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10/27/2025 10:33:25 AM
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10/27/2025 10:33:04 AM
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Administration
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ADM 00500
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PLANNING COMMISSION PACKETS
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PERMANENT
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<br />Right-of-Way Ordinance No. 113 12 <br />the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into <br />compliance with this Section for the actions it took in response to the emergency. <br /> <br />If the City becomes aware of an emergency regarding facilities, the Citycity will attempt to contact the <br />local representative of each facility owner affected, or potentially affected, by the emergency. In any event, <br />the City may take whatever action it deems necessary to respond to the emergency, the cost of which shall <br />be borne by the person whose facilities occasioned the emergency. <br /> <br />2. Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the <br />necessary permit, obstructs or excavates a right -of-way must subsequently obtain a permit, and as a penalty <br />pay double the normal fee for said permit, pay double all the other fees required by this code, deposit with <br />the City the fees necessary to correct any damage to the right-of-way and comply with all of the <br />requirements of this Section. <br /> <br />Section 1417. Revocation of Permits. <br /> <br />1. Substantial Breach. The City reserves its right, as provided herein, to revoke any right -of-way permit, <br />without a refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule <br />or regulation, or any material condition of the permit. A su bstantial breach by permittee shall include, but <br />shall not be limited to, the following: <br /> <br />1. The violation of any material provision of the right -of-way permit;permit. <br /> <br />2. An envision or attempt to evade any material provision of the right -of-way permit, or the <br />perpetuation or attempt to perpetrate any fraud or deceit upon the City or its citizens;citizens. <br /> <br />3. Any material misrepresentation of fact in the application for a right-of-way permit;permit. <br /> <br />4. The failure to complete the work in a timely manner; unless a permit extension is obtained or <br />unless the failure to complete work is due to reasons beyond the permittee’s control; or <br /> <br />5. The failure to correct, in a timely manner, work that does not conform to a condition indicated on <br />an order issued pursuant to Section 1815. <br /> <br />2. Written Notice of Breach. If the City determines that the permittee has committed a substantial breach of <br />a term or condition of any statute, ordinance, rule, regulationregulation, or any condition of the permit that <br />City shall make a written demand upon the permittee to remedy such violation. The demand shall state <br />continued violations might be cause for revocation of the permit. A substantial or revised conditions on the <br />permit to mitigate and remedy the breach. <br /> <br />3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, <br />permittee shall provide the City with a plan, acceptable to the City, which will cure the breach. <br /> <br />Permittee’s failure to so contact the City, or the permittee’s failure to submit an acceptable plan, or <br />permittee’s failure to reasonably implement the approved plan, shall be cause for immediate revocation of <br />the permit. <br /> <br />4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the City for the <br />City’s reasonable costs, including restoration costs and the costs of collection and reasonable attorneys’ fees <br />incurred in connection with such revocation. <br /> <br />Section 1518. Mapping Data. <br /> <br />1. Information Required. Each permittee shall provide mapping information required by the City in <br />accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion <br />of any work pursuant to a permit, the permittee shall provide the Zoning AdministratorCity Engineer <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
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