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Subd. 2. Except in the case of an emergency, and with the approval of the <br />City, no right-of-way obstruction or excavation may be performed when seasonally prohibited or <br />when conditions are unreasonable for such work. <br /> <br /> Subd. 3. A permittee shall not so obstruct a right-of-way that the natural <br />free and clear passage of water through the gutters or other waterways shall be interfered with. <br />Private vehicles of the permittee or the permittees agents may not be parked with or adjacent to a <br />permit area. The loading or unloading of trucks adjacent to a permit area is prohibited unless <br />specifically authorized by the permit. <br /> <br />4.10.17 Denial of Permit. The City may, in accordance with Minn. Stat. §237.163, Subd. <br />4, deny any application for a permit as provided in this Section. <br /> <br /> Subdivision 1. Mandatory Denial. Except in the case of an emergency, <br />no right-of-way permit will be granted: <br /> <br />mo <br /> <br />To any person required by Section 4.10.04 to be registered who has not done <br />so; <br /> <br />bo <br /> <br />To any person required by Section 4.10.08 to file an annual report but has <br />failed to do so; <br /> <br />Co <br /> <br />For any Next-year Project not listed in the construction and major <br />maintenance plan required under Section 4.10.08 unless the person used <br />commercially reasonable efforts to anticipate and plan for the project. <br />Service area expansions that are a direct result of City growth and statutorily <br />required service provision would not be considered grounds for denial; <br /> <br />do <br /> <br />For any project, which requires the excavation of any portion of the right-of- <br />way, which was constructed or reconstructed within the proceeding five (5) <br />years. Service area expansions that are a direct result of City growth and <br />statutorily required service provision would not be considered grounds for <br />denial; <br /> <br />eo <br /> <br />To any person who has failed within the past three (3) years to comply, or is <br />presently not in full compliance, with the requirements of this Section more <br />than two (2) times. If a project is in dispute or judicial proceedings, it shall <br />not be considered as grounds for mandatory permit denial and regular <br />permitted work should continue; <br /> <br />To any person as to whom there exists grounds for the revocation of a <br />permit under Section 4.10.22; and <br /> <br />15 <br /> <br /> <br />