CCP 06172024 - Laserfiche WebLink

Home

Again, Roseville cannot post facto revoke apermit because Mr. Carrara did exactly what was permitted. Finally, Roseville does not haveauthority to revoke the fence permit and require demolition of the fence for failure to receive a right of way permit. Roseville City Code 901.12 states that a permit shallbe required for work done in a public right-of-way, consistent with Section 707 of the City Code. Section 707 of the City Code outlines the procedure for obtaining a right of way permit. shall has satisfied the requirements of Chapter 707. Therefore, Roseville has no authority to deny the right of way permit so long as Mr. Carrara meets the requirements of 707. Mr. Carrara did not get a right of way permit or encroachment agreement because the that he would not need to prior to starting work. In any event, his failure to secure a right of way permit does not give Roseville authority to revoke his fence permit or require that he tear the fence down. Instead, Roseville City Code Section 707.19 addresses exactlywhat the City of Roseville is authorized todo when a resident performs work in a right of way without first securing a permit. Under Roseville City Code707.19,WORK DONE WITHOUT A PERMIT: any person who, without first having obtained the necessary permit, obstructsor 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 the Legislative Code, deposit with the Director the fees necessary to correct any damage to Therefore, if Mr. Carrara completed work within the right of way without a required permit, remedy is to require that he get a right of way permit and make him pay double all fees It has no authority to revoke any related permitsor to tear down the fence. Roseville must follow the procedures outlined in its City Code. Mr. Carrara is entitled to a right of way permit upon application that addresses the requirements set forth in Chapter707. Roseville may penalize him for performing work without a permit, but it cannot revoke the fence permit and it cannot require him to remove the fence. Please reinstate his fence permit and allow him to apply for a right of way permit. Sincerely, By: Matthew E. Anderson (ID#: 0397364) Anderson Law Group PLLC 1010 Dale St. N. St. Paul, MN 55117 651-253-2228/matt@andersonlgmn.com 3 Qbhf!31!pg!331