07-28-2025 - Agenda Packet City Council - regular meeting

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N r STREETS, PARKS AND OTHER PUBLIC PROPERTY Sec. 3.04.490. Denial of permit. The city may deny a permit for failure to meet the requirements and conditions of this article or if the city determines that the denial is neces- sary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. Any denial of a right-of-way or small wireless facility permit shall be in writing and must document the basis for the denial. The city must notify the telecommunications right-of- way user within three business days of the decision to deny the permit. If the permit applica- tion is denied, the telecommunications right-of- way user may cure the deficiencies identified by the city and resubmit its application. If the telecommunications right-of-way user resubmits the application within 30 days of receiving writ- ten notice of the denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised application within 30 days after the revised application is submit- ted. (Code 2003, § 18-179; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.500. Installation requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minn. R. 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minn. Stats. §§ 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minn. R. ch. 7560 and this Code. Service lateral installation is further subject to those require- ments and conditions set forth by the city in applicable permits and/or agreements referenced in section 3.04.550(b). (Code 2003, § 18-180; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.510. Inspection. (a) Notice of completion. When the work under any permit hereunder is completed, the permit - tee shall furnish a completion certificate in accordance with Minn. R. 7819.1300. § 3.04.520 (b) Site inspection. Permittee shall make the work -site available to the city and to all others authorized by law for inspection at all reason- able times during the execution of and upon completion of the work. (c) Authority of city. (1) At the time of inspection, the city may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (2) The city may issue an order to the permit - tee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten days after issu- ance of the order, the permittee shall present proof to the city that the viola- tion has been corrected. If such proof has not been presented within the required time, the city may revoke the permit pursuant to section 3.04.540. (Code 2003, § 18-181; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.520. Work done without a permit. (a) Emergency situations. (1) Each permittee shall immediately notify the city of any event regarding its facili- ties that it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two business days after the occurrence of the emergency, the owner shall apply for the necessary permits, pay the fees associ- ated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this article for the actions it took in response to the emergency. CD3:21