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07-08-1998 Council Agenda
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07-08-1998 Council Agenda
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A. Registrants hold permits issued pursant to this Code as a privilege and not as a <br />right. The City reserves its right, as provided herein and in accordance with <br />Minn. Stat. § 237.163, Subd. 4, to revoke any right -of -way permit, without fee <br />refund, in the event of a substantial breach of the terms and conditions of any <br />statute, ordinance, rule or regulation, or any condition of the permit. A substantial <br />breach by permittee shall include, but shall 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 maintain the required bonds and/or insurance; <br />5. The failure to complete the work in a timely manner, or <br />6. The failure to correct a condition indicated on an order issued pursuant to <br />2302.190.C. <br />13. 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 <br />permit, the City shall make a written demand upon the permittee to remedy such <br />violation. The demand shall state that continued violations may be cause for <br />revocation of the permit. Further, a substantial breach, as stated above, will allow <br />the City, at the City's discretion, to place additional or revised conditions on the <br />permit. <br />C. Within twenty-four (24) hours of receiving notification of the breach, permittee <br />shall contact the City with a plan, acceptable to the City Inspector, for its <br />correction. Permittee's failure to so contact the City Inspector, the permittee's <br />failure to submit an acceptable plan, or the permittee's failure to reasonably <br />implement the approved plan shall be cause for immediate revocation of the <br />permit. Further, permittee's failure to so contact the City Inspector, or the <br />permittee's failure to submit an acceptable plan, or permittee's failure to <br />reasonably implement the approved plan shall automatically place the permittee <br />on probation for one (1) full year. <br />D. From time to time, the City may establish a list of conditions of the permit which, <br />if breached, will automatically place the permittee on probation for one (1) full <br />2302 -18 <br />Page 93 <br />
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