(2) The director may issue an order to the permittee for any work that does not conform to the
<br />terms of the permit or other applicable standards, conditions or codes. The order shall state that
<br />failure to correct the violation will be cause for revocation of the permit. Within ten days after
<br />issuance of the order, the permittee shall present proof to the director that the violation has
<br />been corrected. If such proof has not been presented within the required time, the director may
<br />revoke the permit pursuant to section 82-318.
<br />(Ord. No. 2010-445, § 2, 4-5-2010)
<br />Sec. 82-316. - Work done without a permit.
<br />(a) Emergency situations. Each registrant shall immediately notify the director of any event regarding its
<br />facilities that it or the City considers to be an emergency. The re istFa ,+ may .,FOGeed to take
<br />.,ham+o"or +; ,.,s aFe ReG8ssary + ,.,,, to the orr,or o., ,,The registrant shall take actions as are
<br />reasonably necessary to respond to the emergency and prevent damage or harm to life, safety, or
<br />rp operty. Excavator's notification to Gopher State One Call regarding an emergency situation does
<br />not fulfill this requirement.
<br />Within two business days after the occurrence of the emergency, the registrant shall apply for the
<br />necessary permits, pay the necessary fees, and fulfill the rest of the requirements to bring itself into
<br />compliance with this article for the actions it took in response to the emergency.
<br />If the City becomes aware of an emergency regarding a registrant's facilities, the City will attempt to
<br />contact the local representative of each registrant affected, or potentially affected, by the emergency. In
<br />any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of
<br />which shall be borne by the registrant whose facilities occasioned the emergency.
<br />(b) Nonemergency situations. Except in an emergency involving potential loss of life or substantial
<br />damage to property, any person who, without first having obtained the necessary permit, obstructs or
<br />excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the
<br />normal fee for said permit, pay double all the other fees required by this Code, deposit with the City
<br />the fees necessary to correct any damage to the right-of-way and comply with all of the requirements
<br />of this article.
<br />(Ord. No. 2010-445, § 2, 4-5-2010)
<br />Sec. 82-317. - Supplementary notification.
<br />If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on
<br />the permit, permittee shall notify the City of the accurate information as soon as this information is known.
<br />(Ord. No. 2010-445, § 2, 4-5-2010)
<br />Sec. 82-318. - Revocation of permits.
<br />(a) Substantial breach. The City reserves its right, as provided herein, to revoke any right-of-way permit
<br />without a fee refund, if there is a substantial breach of the terms and conditions of any statute,
<br />ordinance, rule or regulation, or any material condition of the permit. A substantial breach by
<br />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 permit, or the
<br />perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;
<br />(3) Any material misrepresentation of fact in the application for a right-of-way permit;
<br />
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