[Ord. No. 1527 §1, 8-7-2006]
A.
No person shall excavate or work in the right-of-way in violation of Section 530.080(A) of this Chapter. Any violation of Section 530.080(A) shall result in the immediate issuance of a citation to the person and enforcement action pursuant to Section 530.560 hereof.
B.
Except as provided in Subsection (A) of this Section, if the City Inspector determines that a ROW user has committed a violation of this Article, any law or ordinance or a condition placed on the right-of-way permit, the City Inspector 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 as provided for herein or legal action if applicable.
C.
A violation
will allow the City Inspector, at his or her discretion, to place
additional or revised conditions on the right-of-way permit, specifically
related to the manner in which the violation is cured by the ROW user.
Within fourteen (14) calendar days of receiving notification of the
violation, the ROW user shall contact the City Inspector with a plan,
acceptable to the City Inspector, for correction of the violation.
Upon determination by the City Inspector 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 Inspector with a plan,
acceptable to the City Inspector, for correction of the violation.
Upon determination by the City Inspector 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 Inspector with a
plan, acceptable to the City Inspector, for correction of the violation.
A ROW user's failure to contact the City Inspector, 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.
[Ord. No. 1527 §1, 8-7-2006]
A.
The
City may, after reasonable notice and an opportunity to cure, revoke
a right-of-way 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;
2.
An evasion or attempt to evade any material provision of the right-of-way
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 application;
4.
A failure to complete excavation or work by the date specified in
the right-of-way permit, unless a right-of-way permit extension is
obtained or unless the failure to complete the 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, excavation
or work that does not conform to applicable 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. If a right-of-way 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. 1527 §1, 8-7-2006]
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.
