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Ordinance 2010-445 <br />Right -of -Way <br />breach by 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 <br />obtained or unless the failure to compete the work is due to reasons beyond the <br />permittee's control; or <br />(5) The failure to correct, in a timely manner, work that does not conform to a condition <br />indicated on an order issued pursuant to Sec. 82-315. <br />(b) Written Notice of Breach. If the city determines that the permittee has committed a <br />substantial breach of a term or condition of any statute, ordinance, rule, regulation or any <br />condition of the permit, the city shall make a written demand upon the permittee to remedy such <br />violation except in the case of emergency determined by the city in which case the city may give <br />such notice as is reasonably practical under the circumstances and thereafter proceed to correct <br />the condition at the permittee's expense. The demand shall state that continued violations may <br />be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, <br />at its discretion, to place additional or revised conditions on the permit to mitigate and remedy <br />the breach. <br />(c) Response to Notice of Breach. Within twenty-four (24) hours of receiving notification <br />of the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure <br />the breach. Permittee's failure to so contact the city, or permittee's failure to timely submit an <br />acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause <br />for immediate revocation of the permit. <br />(d) Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse <br />the city for the city's reasonable costs, including restoration costs and the costs of collection and <br />reasonable attorneys' fees incurred in connection with such revocation. <br />Sec. 82-319. Mapping Data. <br />Each registrant and permittee shall provide mapping information when practical and as requested <br />by the director. Such maps and drawings shall be provided consistent with the city's electronic <br />mapping system when practical or as a condition imposed by the Director. Failure to provide <br />maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's <br />registration. <br />All permits issued for the installation or repair of service laterals, other than minor repairs as <br />defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate <br />means of establishing the horizontal locations of installed service laterals, and the service lateral <br />13 <br />