CC WORKSESSION PACKET 10302017 - Laserfiche WebLink

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Right-of-Way Management 79 in the event of a substantial breach of the term and conditioned of any statute, ordinance, rule, or regulation, or any condition of the permit. A substantial breach by permit holder shall include, but not be limited to, the following: (1) The violation of any material provision of the right-of-way permit; (2) 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; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to maintain the required bonds and/or insurance; (5) The failure to complete the work in a timely manner; or (6) The failure to correct a condition indicated on an order issued pursuant to § 96.1921. (B) 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 the 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. (C) Response to notice of breach. Within 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 1 full year. (D) 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 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. (E) Automatic revocation. If a permit holder, while on probation, commits a breach as outlined above, permit holder’s permit will automatically be revoked and permit holder will not be allowed further permits for 1 full year, except for emergency’s repairs. (F) Reimbursement of city costs. If a permit os revoked, the permit holder shall also reimburse the city for the city’s reasonable costs, including restoration costs and the costs of collection and reasonable attorney’s fees incurred in connection with the revocation. (1993 Code, § 1165.22) Formatted: Not Highlight