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01-22-2024 CC Agenda Packet - work session
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01-22-2024 CC Agenda Packet - work session
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Created: 2022-07-19 16:12:33 [EST] <br />(Supp. No. 20, Update 2) <br />Page 24 of 29 <br />permittee shall present proof to the city that the violation has been corrected. If such proof has not <br />been presented within the required time, the city may revoke the permit pursuant to section 18-184. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-182. Work done without a permit. <br />(a)Emergency situations.Each permittee shall immediately notify the city of any event regarding its facilities <br />that it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are <br />necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an <br />emergency situation does not fulfill this requirement. Within two business days after the occurrence of the <br />emergency, the owner shall apply for the necessary permits, pay the fees associated therewith, and fulfill the <br />rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in <br />response to the emergency. <br />If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local <br />representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may <br />take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the <br />person whose facilities occasioned the emergency. <br />(b)Non-emergency situations.Except in an emergency, any person who, without first having obtained the <br />necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, <br />pay double the normal fee for said permit, pay double all other fees required by the city ordinance, deposit <br />with the city the fees necessary to correct any damage to the right-of-way, and comply with all of the <br />requirements of this chapter. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <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 given on the <br />permit, permittee shall notify the city of the accurate information as soon as this information is known. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-184. Revocation of permits. <br />(a)Substantial breach.The city reserves its right, as provided herein, to revoke any right-of-way permit without <br />a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or <br />regulation, or any material 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 permit, or the perpetration <br />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 complete the work in a timely manner, unless a permit extension is obtained or unless <br />the failure to complete work is due to reasons beyond the permittee's control; or <br />(5)The failure to correct, in a timely manner, work that does not conform to a condition indicated on an <br />order issued pursuant to section 18-181. <br />27
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