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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 25 of 29 <br />(b)Written notice of breach.If the city determines that the permittee has committed a substantial breach of a <br />term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the city shall <br />make a written demand upon the permittee to remedy such violation. The demand shall state that continued <br />violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the <br />city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the <br />breach. <br />(c)Response to notice of breach.Within 24 hours of receiving notification of the breach, the permittee shall <br />provide the city with a plan acceptable to the city that will cure the breach. The permittee's failure to so <br />contact the city, or the permittee's failure to submit an acceptable plan, or the permittee's failure to <br />reasonably implement the approved plan, shall be cause for immediate revocation of the permit. <br />(d)Revocation.Revocation of a right-of-way permit or small wireless facility permit shall be made in writing <br />within three business days of the decision to revoke the permit and shall document the basis for the <br />revocation. <br />(e)Reimbursement of city costs.If a permit is revoked, the permittee shall also reimburse the city for the city's <br />reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees <br />incurred in connection with such revocation. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-185. Mapping data. <br />(a)Information required.Each permittee shall provide mapping information required by the city in accordance <br />with Minnesota Rules 7819.4000 and 7819.4100. Within 90 days following completion of any work pursuant <br />to a permit, the permittee shall provide the city accurate maps and drawings certifying the "as-built" location <br />of all equipment installed, owned and maintained by the permittee. Such maps and drawings shall be <br />provided consistent with the city's electronic mapping system. Failure to provide maps and drawings <br />pursuant to this subsection shall be grounds for revoking the permit. <br />(b)Service laterals.All permits issued for the installation or repair of service laterals, other than minor repairs as <br />defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of <br />establishing the horizontal locations of installed service laterals and the service lateral vertical locations in <br />those cases where the city reasonably requires it. Permittees or their subcontractors shall submit to the city <br />evidence satisfactory to the city of the installed service lateral locations. <br />Compliance with this subdivision (b) and with applicable Gopher State One Call law and Minnesota Rules <br />governing service laterals installed after December 31, 2005 shall be a condition of any city approval necessary for <br />(1)Payments to contractors working on a public improvement project including those under Minnesota <br />Statutes Chapter 429; and <br />(2)City approval under development agreements or other subdivision or site plan approval under <br />Minnesota Statutes Chapter 462. The city shall reasonably determine the appropriate method of <br />providing such information. Failure to provide prompt and accurate information on the service laterals <br />installed may result in the revocation of the permit issued for the work or future permits to the <br />offending permittee or its subcontractors. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />28
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