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§ 3.04.520
<br />ORONO CODE
<br />(2) If the city becomes aware of an emergency
<br />regarding facilities, the city will attempt
<br />to contact the local representative of
<br />each facility owner affected, or potentially
<br />affected, by the emergency. In any event,
<br />the city may take whatever action it
<br />deems necessary to respond to the
<br />emergency, the cost of which shall be
<br />borne by the person whose facilities
<br />occasioned the emergency.
<br />(b) Non -emergency situations. Except in an
<br />emergency, any person who, without first having
<br />obtained the necessary permit, obstructs or
<br />excavates a right-of-way must subsequently obtain
<br />a permit and, as a penalty, pay double the
<br />normal fee for said permit, pay double all other
<br />fees required by the city ordinance, deposit with
<br />the city the fees necessary to correct any damage
<br />to the right-of-way, and comply with all of the
<br />requirements of this article.
<br />(Code 2003, § 18-182; Ord. No. 207(3rd series),
<br />§ 1, 5-29-2018)
<br />Sec. 3.04.530. Supplementary notification.
<br />If the obstruction or excavation of the right-
<br />of-way begins later or ends sooner than the date
<br />given on the permit, permittee shall notify the
<br />city of the accurate information as soon as this
<br />information is known.
<br />(Code 2003, § 18-183; Ord. No. 207(3rd series),
<br />§ 1, 5-29-2018)
<br />Sec. 3.04.540. Revocation of permits.
<br />(a) Substantial breach. The city reserves its
<br />right, as provided herein, to revoke any right-of-
<br />way permit without a fee refund, if there is a
<br />substantial breach of the terms and conditions of
<br />any statute, ordinance, rule or regulation, or any
<br />material condition of the permit. A substantial
<br />breach by permittee shall include, but shall not
<br />be limited to, the following:
<br />(1) The violation of any material provision of
<br />the right-of-way permit;
<br />(2) An evasion or attempt to evade any
<br />material provision of the right-of-way
<br />permit, or the perpetration or attempt to
<br />perpetrate any fraud or deceit upon the
<br />city or its citizens.
<br />(3) Any material misrepresentation of fact
<br />in the application for a right-of-way
<br />permit;
<br />(4) The failure to complete the work in a
<br />timely manner, unless a permit exten-
<br />sion is obtained or unless the failure to
<br />complete work is due to reasons beyond
<br />the permittee's control; or
<br />(5) The failure to correct, in a timely manner,
<br />work that does not conform to a condition
<br />indicated on an order issued pursuant to
<br />section 3.04.510.
<br />(b) Written notice of breach. If the city
<br />determines that the permittee has committed a
<br />substantial breach of a term or condition of any
<br />statute, ordinance, rule, regulation or any condi-
<br />tion of the permit, the city shall make a written
<br />demand upon the permittee to remedy such
<br />violation. The demand shall state that continued
<br />violations may be cause for revocation of the
<br />permit. A substantial breach, as stated above,
<br />will allow the city, at its discretion, to place
<br />additional or revised conditions on the permit to
<br />mitigate and remedy the breach.
<br />(c) Response to notice of breach. Within 24
<br />hours of receiving notification of the breach, the
<br />permittee shall provide the city with a plan
<br />acceptable to the city that will cure the breach.
<br />The permittee's failure to so contact the city, or
<br />the permittee's failure to submit an acceptable
<br />plan, or the permittee's failure to reasonably
<br />implement the approved plan, shall be cause for
<br />immediate revocation of the permit.
<br />(d) Revocation. Revocation of a right-of-way
<br />permit or small wireless facility permit shall be
<br />made in writing within three business days of
<br />the decision to revoke the permit and shall
<br />document the basis for the revocation.
<br />(e) Reimbursement of city costs. If a permit is
<br />revoked, the permittee shall also reimburse the
<br />city for the city's reasonable costs, including
<br />restoration costs and the costs of collection and
<br />reasonable attorney's fees incurred in connection
<br />with such revocation.
<br />(Code 2003, § 18-184; Ord. No. 207(3rd series),
<br />§ 1, 5-29-2018)
<br />CD3:22
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