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of the existence of the utilities or unless the easement has been <br />recorded with the Register of Deeds of Ramsey County with reference <br />to the property. <br />2301.040. EXCEPTIONS. The foregoing requirements may be <br />waived by the City Council upon recommendation by the Planning <br />Commission and upon finding of the Council that either or both of <br />the following are applicable in case of the particular application: <br />1. The placing of utilities underground would not be <br />compatible with the development planned. <br />2. Unusual topography, soil or other physical conditions <br />make underground installation not feasible from an <br />engineering viewpoint, or the cost thereof impractical. <br />2301.050. EMERGENCY INSTALLATION. Temporary above- ground <br />installation shall be permitted when necessitated by emergency <br />repairs to existing underground lines, and temporary service to a <br />construction project or customer where grade cannot be established <br />within a reasonable time or frozen ground conditions prevent <br />economical placement of underground lines. Temporary installations <br />shall be replaced by permanent underground lines within one full <br />construction season following the temporary placement or such later <br />date as may be deemed reasonable by the City Council based upon its <br />findings. <br />2301.060. VIOLATIONS AND PENALTIES. Violation of this <br />Ordinance shall be a misdemeanor and upon conviction thereof shall <br />be punishable by a fine of not to exceed Five Hundred Dollars <br />($500) and /or imprisonment for a period of not to exceed ninety <br />days (90) for each offense. In the event of a violation or a <br />threatened violation of this Ordinance, the City Council may <br />institute appropriate actions to prevent, restrain, correct, or <br />abate such violations or threatened violations. <br />(Source: Ord. 142) <br />2301 -2 <br />Page 50 <br />