1998_0824_packet - Laserfiche WebLink

Home

conditions of any statute. ordinance, rule or regulation, or anv material condition of the permit. substantial breach b ermittee shall include. but shall not be limited to, the following: (a) The violation of anv material provision of the right-of-wav permit: (b) An evasion or attempt to evade anv material provision of the right-of-),vav permit. or the perpetration or attempt to perpetrate anv fraud or deceit upon the Cite or its citizens; (c) Any mate rial misrepresentation of fact in the application for a right-of-wad. permit: (d) The failure to maintain the required bonds and/or insurance: � (e) The failure to complete the work in a timely manner: unless a permit extension is the failure to complete lete the work is due to reasons hevo nd the obtained or unless � permittee}s control; or correct in a timely manner. work that does not conform to a condition (f) The failure to �� indicated on an order issued pursuant to Sec. 707.18. Subd, 2, Written Notice of Breach. If the Director determines that the permittee has . . regulation substantial breach of a term or condition of any statute, ordinance, rule, reg. comrnttted a substa � he ern��ttee t�� `on of the permit the Director shall make a written demand upon t � or any condition p The demand shall state that continued violations may be cause for remedy suchV violation. revocation of the permit. A substantial breach, as stated above, will allow the Director. at his or her discretion, F ion to lace additional or revised conditions on the permit. ubd. 3. Response to Notice of Breach. within twenty-four (24) hours of rece iv i n iz • ' ermittee shall contact the Director with a plan, acceptable to the notification of the breach � r the cure the breach. Permittees failure to so contact the Director, o Director, that will c ' � implement • � submit an acceptable plan, or pe rmittee s failure to reasonably permtttee s failure to s p ` er, ermittee's hall be cause for immediate revocation of the permit. Furth , p the approved plan, s acceptable failure to so co ntact the Director, or the permittee s failure to submit an p lan, or • • reasonably the approved plan, shall automatically place the er�mtttee s failure to t'easonab y 'implement p P F ermittee on probation for one (1) full y ear. From time to time, a Director may establish a list of ul��. �� Cause for Probation. probation for which if breached will automatically place the permtttee on conditions of the permit, for one full year, such as, but n 'n of limited to, working out of the allotted time period or working on right-of-way grossly-of-wa rossl outside of the permit authorization. SUM, 5. �Automatic ation. If a ermittee, while on probation, commits a breach Automatic �� outlined above, permtttee permit ermit gill automatically be revolved and permlttee will not be 1 ear, except for emergency repairs, or as allowed in writing allowed further permits for one y p by the Director. 15