(a) The director is authorized to administer and enforce the provisions of this article, and to promulgate regulations, including, but not limited to, engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this article that are not in conflict with this article, this code, or state or federal law.
(b) The director is authorized to enter upon a construction site for which a permit is granted under this article or, where necessary, upon private property adjacent to the construction site, for purposes of inspection to determine compliance with the permit or this article.
(c) The director may prohibit street excavation when a permittee seeks to install facilities in a design district or in an area that is part of a major project, unless the permittee can show that existing facilities are unavailable to serve the current needs of the permittee or the permittee's existing customers, whether through facilities owned by the permittee or are otherwise available.
(d) A person commits an offense if he:
(1) Performs, authorizes, directs, or supervises construction without a valid permit issued under this article;
(2) Violates any other provision of this article;
(3) Fails to comply with restrictions or requirements of a permit issued under this article; or
(4) Fails to comply with an order or regulation of the director issued pursuant to this article.
(e) A person commits an offense if, in connection with the performance of construction in the public right-of-way, he:
(1) Damages the public right-of-way beyond what is incidental or necessary to the performance of the construction;
(2) Damages public or private facilities within the public right-of-way; or
(3) Fails to clear debris associated with the construction from a public right-of-way after construction is completed.
(f) It is a defense to prosecution under subsection (d)(2) of this section if the person complied with all of the requirements of this article and state law and caused the damage because the facilities in question:
(1) Were not shown or indicated in a plan document, plan of record, record construction drawing, or field survey, staking, or marking; and
(2) Could not otherwise be discovered in the public right-of-way through the use of due diligence.
(g) A person commits an offense if, while performing any construction or other activity along a public right-of-way (whether or not a building or other permit is required for the activity), the person:
(1) Damages the public right-of-way or public or private facilities located within the public right-of-way; or
(2) Fails to clear debris associated with the construction or other activity from a public right-of-way.
(h) It is a defense to prosecution under subsections (g)(1) and (g)(2) of this section that the person was performing all of the construction or other activity along the public right-of-way in compliance with any permit issued for the construction or activity.
(i) A culpable mental state is not required to prove an offense under this article. A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. An offense under subsection (d)(3) or (g)(2) of this section is punishable by a fine of not less than $500.00 or more than $2,000.00. Any other offense under this article is punishable by a fine of $500.00.
(j) This article may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the city has for a violation of this article.
(k) Prior to initiation of civil enforcement litigation, the permittee or any other person who has violated a provision of this article must be given the opportunity to correct the violation within the time frame specified by the director. This subsection does not prohibit the director or the city from taking enforcement action as to past or present violations of this article, notwithstanding their correction.
(Ord. No. 033-2017, Exh. A(17-28.030), 8-22-2017)