CC PACKET 06021998 - Laserfiche WebLink

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with Minn. Stat.237.163, Subd.4,to revoke any right-of-way permit,without fee refund,in • the event of a substantial breech of the term and conditioned of any statute, ordinance,rule or regulation, or any condition of the permit. A substantial breech by permit holder shall include, but not be limited to, the following: (a) The violation of any material provision of the right-of-way permit; (b) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (c) Any material misrepresentation of fact in the application for a right-of-way permit; (d) The failure to maintain the required bonds and/or insurance; (e) The failure to complete the work in a timely manner; or (f) The failure to correct a condition indicated on an order issued pursuant to Section 1165.19, Subd.3. Subd. 2. Written Notice of Breach. If the City determines that the permit holder has • committed a substantial breach of a term or condition of any statue, ordinance, rule, regulation, or any condition of the permit, the City shall make a written demand upon the permit holder to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further,a substantial breach,as stated above,will allow the City, at the City's discretion, to place additional or revised conditions on the permit. Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach,permit holder shall contact the City with a plan,acceptable to the City Inspector,for its correction. The permit holder's failure to so contact the City Inspector, the permit holder's failure to submit an acceptable plan, or the permit holder's failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit. Further, permit holder's failure to so contact the City Inspector, or the permit holder's failure to reasonably implement the approved plan shall automatically place the permit holder on probation for one (1)full year. Subd. 4. Cause for Probation. From time to time,the city may establish a list of conditions of the permit which,if breached,will automatically place the permit holder on probation for one (1) full year, such as, but not limited to, working out of the allotted time period or working on right-of-way outside of the permit. • -18-