Laserfiche WebLink
Director the fees necessary to correct any damage to the right of way and comply with <br />all of the requirements of this Chapter. (Ord. 1209, 8-24-1998) <br />707.20: SUPPLEMENTARY NOTIFICATION: <br />If the obstruction or excavation of the right of way begins later or ends sooner than the date <br />given on the permit, permittee shall notify the Director of the accurate information as soon <br />as this information is known. (Ord. 1209, 8-24-1998) <br />707.21: REVOCATION OF PERMITS: <br />A. Substantial Breach: The City reserves its right, as provided herein, to revoke any right- <br />of-way permit, without a fee refund, if there is a substantial breach of the terms and <br />conditions, of any statute, ordinance, rule or regulation, or any material condition of the <br />permit. A substantial breach by permittee shall include, but shall not be limited to, the <br />following: <br />1. The violation of any material provision of the right-of-way permit; <br />2. An evasion or attempt to evade any material provision of the right-of-way permit, or <br />the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; <br />3. Any material misrepresentation of fact in the application for a right-of-way permit; <br />4. The failure to maintain the required bonds and/or insurance; <br />5. The failure to complete the work in a timely manner; unless a permit extension is <br />obtained or unless the failure to complete the work is due to reasons beyond the <br />permittee's control; or <br />6. The failure to correct, in a timely manner, work that does not conform to a condition <br />indicated on an order issued pursuant to Section 707.18 of this Chapter. <br />B. Written Notice of Breach: If the Director determines that the permittee has committed a <br />substantial breach of a term or condition of any statute, ordinance, rule, regulation or <br />any condition of the permit, the Director shall make a written demand upon the <br />permittee to remedy such violation. The demand shall state that continued violations <br />may be cause for revocation of the permit. A substantial breach, as stated above, will <br />allow the Director, at his or her discretion, to place additional or revised conditions on <br />the permit. <br />C. Response to Notice of Breach: Within 24 hours of receiving notification of the breach, <br />permittee shall contact the Director with a plan, acceptable to the Director, that will cure <br />the breach. Permittee's failure to so contact the Director, or the permittee's failure to <br />submit an acceptable plan, or permittee's failure to reasonably implement the approved <br />plan, shall be cause for immediate revocation of the permit. Further, permittee's failure <br />to so contact the Director, or the permittee's failure to submit an acceptable plan, or <br />permittee's failure to reasonably implement the approved plan, shall automatically place <br />the permittee on probation for one full year. <br />D. Cause For Probation: From time to time, the Director may establish a list of conditions <br />of the permit, which if breached will automatically place the permittee on probation for <br />one full year, such as, but not limited to, working out of the allotted time period or <br />working on right of way grossly outside of the permit authorization. <br />E. Automatic Revocation: If a permittee, while on probation, commits a breach as outlined <br />above, permittee's permit will automatically be revoked and permittee will not be <br />allowed further permits for one full year, except for emergency repairs, or as allowed in <br />writing by the Director. <br />F. Reimbursement of City Costs: If a permit is revoked, the permittee shall also reimburse <br />the City for the City's reasonable costs, including restoration costs and the costs of <br />collection and reasonable attorney fees incurred in connection with such revocation. <br />