Agenda - Planning Commission - 07/01/1997

Home

(b) Non-Emer~ency Situations. Except in the case of an Emergency, any Person who, without fIrst having obtained the necessary Permit, Obstructs or Evacuates a Right-of-Way must subsequently obtain a Permit, pay double the normal fee for said Permit, pay double all the other fees required by the Legislative Code, deposit with the Director (or Department) the fees necessary to correct any damage to the Right-of-Way and comply with all of the requirements of Sections 1 and 2. Sec.2.15. Supplementary Notification. If the Obstruction or Evacuation of the Right-of-Way begins later or ends sooner than the date given on the Permit, Permittee shall notify the Department of the accurate information as soon as this information is known. lfthe Obstruction of a Right-of-Way is of a shorter duration than that estimated on the Permit application, the Department will, upon request, refund or credit to the Permittee a proportionate amount of the Permit Fee. Sec. 2.16. Revocation of Permits. Registrants hold Permits issued pursuant to this Code as a privilege and not as a right. The City reserves its right, as provided herein, to revoke any Right-of-Way Permit, without fee refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any condition of the Permit. A substantial breach"by Permittee shall include, but shall not be limited to, the following: (a) The violation of any material provision of the Right-of-Way Permit; (b) 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 City or its citizens; (c) Any material misrepresentation of fact in the application for a Right-of-Way Permit; (d) The failure to maintain the required bonds and/or insurance; (e) The failure to complete the work in a timely manner; or (f) The failure to correct a condition indicated on an order issued pursuant to Section 2.13. 25 70,