[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.