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06/02/2008 Council Packet
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06/02/2008 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
06/02/2008
Council Meeting Type
Work Session Regular
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• <br />as provided herein, to revoke any right -of -way permit, without a <br />fee refund, if there is a substantial breach of the terms and <br />conditions of any statute, ordinance, rule or regulation, or any <br />material condition of the permit. A substantial breach by <br />permittee shall include, but shall not be limited to, the <br />following: <br />(a) The violation of any material provision of the right <br />of -way permit; <br />(b) An evasion or attempt to evade any material provision <br />of the right -of -way permit, or the perpetration or attempt <br />to perpetrate any fraud or deceit upon the city or its <br />citizens. <br />(c) Any material misrepresentation of fact in the <br />application for a right -of -way permit; <br />(d) The failure to complete the work in a timely manner; <br />unless a permit extension is obtained or unless the failure <br />to complete work is due to reasons beyond the permittees <br />control; or <br />(e) The failure to correct, in a timely manner, work that <br />does not conform to a condition indicated on an order <br />issued pursuant to Sec. <br />Subd. 2 Written Notice of Breach. If the city determines <br />that the permittee has committed a substantial breach of a term <br />or condition of any statute, ordinance, rule, regulation or any <br />condition of the permit the city shall make a written demand <br />upon the permittee to remedy such violation. The demand shall <br />state that continued violations may be cause for revocation of <br />the permit. A substantial breach, as stated above, will allow <br />the city, at its discretion, to place additional or revised <br />conditions on the permit to mitigate and remedy the breach. <br />Subd. 3 Response to Notice of Breach. Within twenty -four <br />(24) hours of receiving notification of the breach, permittee <br />shall provide the city with a plan, acceptable to the city, that <br />will cure the breach. Permittee's failure to so contact the <br />city, or the permittee's failure to submit an acceptable plan, <br />or permittee's failure to reasonably implement the approved <br />plan, shall be cause for immediate revocation of the permit. <br />• Subd. 4 Reimbursement of city Costs. If a permit is <br />revoked, the permittee shall also reimburse the city for the <br />Chapter 17 16 <br />
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