(A) Emergency situations.
(1) Each right-of-way user shall immediately notify the director of any event regarding its facilities that it considers to be an emergency. The right-of-way user may proceed to take whatever actions are necessary to respond to the emergency. Excavators’ notification to Gopher State One-Call regarding an emergency situation does not fulfill this requirement. Within two business days after the occurrence of the emergency, the right-of-way user shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency.
(2) If the city becomes aware of an emergency regarding a right-of-way user’s facilities, the city will attempt to contact the local representative of each right-of-way user affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the right-of-way user whose facilities occasioned the emergency.
(B) Non-emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by this code, deposit with the city the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this chapter.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)