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PC Packet 02.28.19
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PC Packet 02.28.19
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5/6/2019 5:13:30 PM
Creation date
5/6/2019 4:20:41 PM
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Commissions
Meeting Date
2/28/2019
Document Type
Agenda/Packets
Commission Name
Planning
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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 />(4) The failure to complete the work in a timely manner, unless a permit extension is obtained or <br />unless the failure to compete the work is due to reasons beyond the permittee's control; or <br />(5) The failure to correct, in a timely manner, work that does not conform to a condition indicated <br />on an order issued pursuant to section 82-315. <br />(b) Written notice of breach. If the City determines that the permittee has committed a substantial <br />breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, <br />the City shall make a written demand upon the permittee to remedy such violation except in the case <br />of emergency determined by the City in which case the city may give such notice as is reasonably <br />practical under the circumstances and thereafter proceed to correct the condition at the permittee's <br />expense. The demand shall state that continued violations may be cause for revocation of the <br />permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional <br />or revised conditions on the permit to mitigate and remedy the breach. <br />(c) Response to notice of breach. Within 24 hours of receiving notification of the breach, permittee shall <br />provide the city with a plan, acceptable to the City, that will cure the breach. Permittee's failure to so <br />contact the City, or permittee's failure to timely submit an acceptable plan, or permittee's failure to <br />reasonably implement the approved plan, shall be cause for immediate revocation of the permit. <br />
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