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A. Compliance With Laws: The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, insofar as they are not inconsistent with Minnesota Statutes sections 237.162 and 237.163.
B. Timing: The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under section 8-2-12 of this chapter.
C. Standards: The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rules 7819.1100.
D. Patching And Restoration: Permittee shall patch his own work. The City may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself.
1. City Restoration: If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with correcting the defective work.
2. Permittee Restoration: If the permittee restores the right-of- way itself, it shall, at the time of application for an excavation permit, post a construction performance bond in accordance with the provisions of Minnesota Rules 7819.3000.
3. Degradation Fee In Lieu Of Restoration: In lieu of right-of- way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching, and the degradation fee shall not include the cost to accomplish these responsibilities.
E. Duty To Correct Defects: The permittee shall correct defects in patching or restoration performed by permittee or its agents. Permittee, upon notification from the City, shall correct all restoration work to the extent necessary, using the method required by the City. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under section 8-2-12 of this chapter.
F. Failure To Restore: If the permittee fails to restore the right-of-way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all restoration required by the City, the City, at its option, may do such work. In that event, the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may exercise its rights under the construction performance bond.
G. Damage To Rights-Of-Way:
1. Notice Of Damage: When any damage, destruction, obstruction or encumbrance of any kind occurs or is put, placed, or left in the right-of-way, including streets, alleys, lanes, curbs, ditches, gutters, sidewalks, trails, or other public place, the City shall attempt to notify the person who damaged, destroyed, put, placed, or left such obstruction or encumbrance as well as the owner of the abutting property, if he is not the same person, to remove the obstruction or encumbrance or repair the damage or destruction within a specified amount of time.
2. Failure To Comply: If such person fails or refuses to remove such obstruction or encumbrance within the specified amount of time, the City may: a) issue an administrative citation and impose a fine as a nuisance pursuant to the procedures set forth in title 1, chapter 6 of this Code; and/or b) have such obstruction or encumbrance removed by Municipal employees or contractors, in which case, the City shall make an itemized account of any expenses incurred in or by reason of such removal.
3. Costs: The City may recover from the person who damaged, destroyed, put, placed, or left such obstruction or encumbrance, as well as any person who caused such actions to occur, all such expenses incurred by the City by sending an invoice, by Council order, or by any other lawful means, including a civil suit. All invoices sent pursuant to this subsection shall be paid within thirty (30) days of mailing of such invoice. Any expenses incurred by the City but not otherwise recovered may be recovered by special assessment of property located within the City which is owned by the person who damaged, destroyed, put, placed, or left such obstruction or encumbrance in the right-of-way or who caused such actions to occur, said assessment to be pursuant to the procedure set forth in title 1, chapter 6 of this Code. (Ord. 2004-13)