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2010.04.05 ORD 2010-445
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2010.04.05 ORD 2010-445
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10/26/2017 2:12:01 PM
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4/10/2015 4:27:25 PM
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City Council
Document Type
Ordinances
Meeting Date
4/5/2010
Meeting Type
Regular
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Ordinance 2010-445 <br />Right -of -Way <br />(c) Authority of Director. <br />(1) At the time of inspection, the Director may order the immediate cessation of any work <br />which poses a serious threat to the life, health, safety or well-being of the public. <br />(2) The director may issue an order to the permittee for any work that does not conform to <br />the terms of the permit or other applicable standards, conditions or codes. The order shall <br />state that failure to correct the violation will be cause for revocation of the permit. <br />Within ten (10) days after issuance of the order, the permittee shall present proof to the <br />director that the violation has been corrected. If such proof has not been presented within <br />the required time, the Director may revoke the permit pursuant to Sec. 82-318) <br />Sec. 82-316. Work Done Without a Permit. <br />(a) Emergency Situations. Each registrant shall immediately notify the director of any <br />event regarding its facilities that it considers to be an emergency. The registrant may proceed to <br />take whatever actions are necessary to respond to the emergency. Excavator's notification to <br />Gopher State One Call regarding an emergency situation does not fulfill this requirement. <br />Within two (2) business days after the occurrence of the emergency, the registrant shall apply for <br />the necessary permits, pay the necessary fees, and fulfill the rest of the requirements to bring <br />itself into 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 <br />to contact the local representative of each registrant affected, or potentially affected, by the <br />emergency. In any event, the city may take whatever action it deems necessary to respond to <br />the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the <br />emergency. <br />(b) Non -Emergency Situations. Except in an emergency involving potential loss of life or <br />substantial damage to property, any person who, without first having obtained the necessary <br />permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a <br />penalty, pay double the normal fee for said permit, pay double all the other fees required by the <br />city code, deposit with the city the fees necessary to correct any damage to the right-of-way and <br />comply with all of the requirements of this article. <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 <br />given on the permit, permittee shall notify the city of the accurate information as soon as this <br />information is known. <br />Sec. 82-318. Revocation of Permits. <br />(a) Substantial Breach. The city reserves its right, as provided herein, to revoke any right- <br />of-way permit without a fee refund, if there is a substantial breach of the terms and conditions of <br />any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial <br />12 <br />
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