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05-29-2018 Council Packet
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05-29-2018 Council Packet
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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 />(b) Non -Emergency Situations. Except in an emergency, any person who, without <br />first having obtained the necessary permit, obstructs or excavates a right-of-way <br />must subsequently obtain a permit and, as a penalty, pay double the normal fee for <br />said permit, pay double all other fees required by the city ordinance, deposit with <br />the city the fees necessary to correct any damage to the right-of-way, and comply <br />with all of the requirements of this chapter. <br />Sec. 18-183. - 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 city of the accurate information as soon as this <br />information is known. <br />Sec. 18-184. - Revocation of Permits. <br />(a) Substantial Breach. The city reserves its right, as provided herein, to revoke any <br />right-of-way permit without a fee refund, if there is a substantial breach of the <br />terms and conditions of any statute, ordinance, rule or regulation, or any material <br />condition of the permit. A substantial breach by permittee shall include, but shall <br />not be limited to, the 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 <br />permit, or the perpetration or attempt to perpetrate any fraud or deceit <br />upon the city or its citizens. <br />(3) Any material misrepresentation of fact in the application for a right-of- <br />way permit; <br />(4) The failure to complete the work in a timely manner, unless a permit <br />extension is obtained or unless the failure to complete work is due to <br />reasons beyond the permittee's control; or <br />(5) The failure to correct, in a timely manner, work that does not conform to a <br />condition indicated on an order issued pursuant to Sec. 18-181. <br />(b) Written Notice of Breach. If the city determines that the permittee has committed <br />a substantial breach of a term or condition of any statute, ordinance, rule, <br />regulation or any condition of the permit, the city shall make a written demand <br />upon the permittee to remedy such violation. The demand shall state that <br />continued violations may be cause for revocation of the permit. A substantial <br />196937v1 <br />
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