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Agenda - Planning Commission - 07/01/1997
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Agenda - Planning Commission - 07/01/1997
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
Document Date
07/01/1997
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<br />If the Director determines that the Permittee has committed a substantial breach of a term <br />or condition of any statue, ordinance, rule, regulation or any condition of the Permit, the Director <br />shall make a written demand upon the Permittee to remedy such violation. The demand shall <br />state that continued violations may be cause for revocation of the Permit. Further, a substantial <br />breach, as stated above, will allow the Director, at the Director's discretion, to place additional or <br />revised conditions on the Permit. <br /> <br />Within twenty-four (24) hours of receiving notification of the breach, Permittee shall <br />contact the Director with a plan, acceptable to the Director, for its correction. Permittee's failure <br />to so contact the Director, the Permittee's failure to submit an acceptable plan, or the Permittee's <br />failure to reasonably implement the approved plan shall be cause for immediate revocation of the <br />Permit. Further, Permittee's failure to so contact the Director, or the Permittee's failure to submit <br />an acceptable plan, or Permittee's failure to reasonably implement the approved plan shall <br />automatically place the Permittee on Probation for one (1) full year. <br /> <br />From time to time, the Director may establish a list of conditions of the Permit which, if <br />breached, will automatically place the Permittee on Probation for one (1) full year, such as, but <br />not limited to, working out of the allotted time period or working on Right -of- Way grossly <br />outside of the Permit. <br /> <br />Ifa Permittee, while on Probation, commits a breach as outlined above, Permittee's <br />Permit will automatically be revoked and Permittee will not be allowed further Permits for one <br />(1) full year, except for Emergency repairs. <br /> <br />If a Permit is revoked, the Permittee shall also reimburse the City for the City's <br />reasonable costs, including Restoration costs and the costs of collection and reasonable <br />attorneys' fees incurred in connection with such revocation. <br /> <br />Sec. 2.17. Non-Exclusive Remedy. <br /> <br />The remedies provided in this Chapter and in Chapter 1 and other Chapters in the <br />Legislative Code are not exclusive or in lieu of other rights and remedies that the City may have <br />at law or in equity. The City is here~y authorized to seek legal and equitable relief for actual or <br />threatened injury to the public Rights-of-Way, including damages to the Rights-of-Way, whether <br />or not caused by a violation of any of the provisions of this Chapter or other provisions of the <br />Legislative Code. <br /> <br />26 <br /> <br /><ro <br />
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