[Ord. No. 3149, 11-15-2022]
A. 
No person shall perform temporary traffic control, excavate or work in the right-of-way in violation of this Chapter. Any such violation of this Chapter shall result in the immediate issuance of a citation to the person and enforcement action pursuant to this Article.
B. 
Except as provided in Subsection (A) of this Section, if the City Engineer determines that an ROW-user has committed a violation of this Chapter, any law or ordinance, or a condition placed on the right-of-way permit or the temporary traffic control permit, the City Engineer shall make a written demand upon the ROW-user to remedy such violation, which may include the issuance of a stop work order. The demand shall state that the continued violation may be cause for revocation of the right-of-way permit or the temporary traffic control permit as provided for herein, or legal action if applicable.
C. 
A violation will allow the City Engineer, at his or her discretion, to place additional or revised conditions on the right-of-way permit or the temporary traffic control permit, specifically related to the manner in which the violation is cured by the ROW-user.
1. 
Within fourteen (14) calendar days of receiving notification of the violation, the ROW-user shall contact the City Engineer with a plan, acceptable to the City Engineer, for correction of the violation.
2. 
Upon determination by the City Engineer that the violation creates a threat to public safety, the ROW-user shall within twenty-four (24) hours of notice from the City contact the City Engineer with a plan, acceptable to the City Engineer, for correction of the violation.
3. 
Upon determination by the City Engineer that the violation creates an immediate threat to public safety, the ROW-user shall within one (1) hour of notice from the City contact the City Engineer with a plan, acceptable to the City Engineer, for correction of the violation.
4. 
A ROW-user's failure to contact the City Engineer, ROW-user's failure to submit an acceptable plan, or ROW-user's failure to reasonably implement the approved plan shall be cause for immediate revocation of the right-of-way permit or the temporary traffic control permit.
5. 
In the event a ROW-user's performance of any of the terms, conditions or obligations required by this Chapter or a franchise or license is prevented by a cause or event not within a ROW-user's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this Section, causes or events not within the control of a ROW-user shall include, without limitation, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires.
[Ord. No. 3149, 11-15-2022]
A. 
The City Engineer may, after reasonable notice and an opportunity to cure, revoke a right-of-way permit or a temporary traffic control permit granted to a ROW-user, without a fee refund, if one (1) or more of the following occurs:
1. 
A material violation of a provision of the right-of-way permit or temporary traffic control permit;
2. 
An evasion or attempt to evade any material provision of the right-of-way permit or temporary traffic control permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the political subdivision or its citizens;
3. 
A material misrepresentation of fact in the right-of-way permit or temporary traffic control permit application;
4. 
A failure to complete temporary traffic control, excavation or work by the date specified in the associated right-of-way permit or temporary traffic control permit, unless a right-of-way permit or temporary traffic control permit extension is obtained or unless the failure to complete the temporary traffic control, excavation or work is due to reasons beyond the ROW-user's control;
5. 
A failure to correct, within the time specified by the City, temporary traffic control, excavation or work that does not conform to applicable engineering standards, specifications, national safety codes, industry construction standards, or applicable City Code provisions or safety codes that are no more stringent than national safety codes or provisions, upon inspection and notification by the City of the faulty condition, or allowing a condition to exist which in the City Engineer's opinion creates a danger to the public, abutting landowners or other users of the right-of-way;
6. 
A failure to remove facilities or equipment that have been deemed "abandoned" by the City Engineer;
7. 
Permitting a condition to exist regardless of actual notice that causes harm to property of another or the City, or injury to any person;
8. 
Failure of insurance company or a surety to pay damages or perform as set out in the insurance policy or surety document upon written demand by the City Administrator of thirty (30) days to the last address on file at the City for any notice to be given; or
B. 
If a right-of-way permit or temporary traffic control permit is revoked, the ROW-user shall also reimburse the City for the City's reasonable costs, including administrative costs, restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation.
[Ord. No. 3149, 11-15-2022]
Any person violating any provision of this Chapter is guilty of a public offense, and upon conviction thereof shall be fined in a sum of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00). Every day that this Chapter is violated shall constitute a separate offense. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this Chapter. In addition to any other remedies, the City Attorney may institute injunction, mandamus or other appropriate actions or proceedings to prevent violations of this Chapter.