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Right-of-Way Ordinance No. 113 11 <br />issuance of the order, the permittee shall present proof to the City Engineer that the violation has <br />been corrected. If such proof has not been presented within the required time, the City Engineer <br />may revoke the permit pursuant to Section 17. <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 City Engineer of the <br />accurate information as soon as this information is known. <br /> <br />Section 16. 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 />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 city will attempt to contact the local <br />representative of each facility owner affected, or potentially affected, by the emergency. In any event, the <br />City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be <br />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 17. 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 substantial 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. <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. <br /> <br />3. Any material misrepresentation of fact in the application for a right-of-way 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 15. <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, regulation, or any condition of the permit that City shall <br />make a written demand upon the permittee to remedy such violation. The demand shall state continued <br />violations might be cause for revocation of the permit. A substantial or revised conditions on the permit to <br />mitigate and remedy the breach. <br />