Ordinance No. 113 Right-of-Way - Laserfiche WebLink

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2. Site Inspection. Permittee shall make the work -site available to City personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 3. Authority of City Engineer. 1. At the time of inspection, the City Engineer may order the immediate cessation of any work which poses a serious threat to life, health, safety, or wellbeing of the public. 2. The City Engineer may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the City Engineer that the violation has been corrected. If such proof has not been presented within the required time, the City Engineer may revoke the permit pursuant to Section 17. 3. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the City Engineer of the accurate information as soon as this information is known. Section 16. Work Done Without a Permit. Emergency Situations. Each person with facilities in the right-of-way shall immediately notify the City of any event regarding its facilities that it considers being an emergency. Excavator's notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two (2) business days after the occurrence of the emergency the owner shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Section for the actions it took in response to the emergency. 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. 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 Section. Section 17. Revocation of Permits. 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any right-of-way permit, without a refund, if there is a substantial breach of the 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: 1. The violation of any material provision of the right-of-way permit. 2. An envision or attempt to evade any material provision of the right-of-way permit, or the perpetuation or attempt to perpetrate any fraud or deceit upon the City or its citizens. 3. Any material misrepresentation of fact in the application for a right-of-way permit. 4. 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 permittee's control; or Right -of -Way Ordinance No. 113 11