(A) Notice of violation; correction period. The city’s Director of Public Works may give notice by certified mail, return receipt requested, to any person who violates this chapter, and such person who receives such notice shall have 45 days to correct all violations alleged in the notice. Failure to correct any such alleged violations shall cause the person to be subject to penalties under § 155.99 of this chapter.
(B) Affirmative defense. With the exception of any actions requiring authorization, franchises, licenses or permits, including permits issued before actual use of right-of-way, it shall be an affirmative defense that notice as required by division (A) above was not given to the alleged violator.
(C) Non-compliance. Notwithstanding other sanctions set forth in this chapter, if any of the provisions of this chapter are not complied with, a permit may be revoked by the city’s Director of Public Works if a person has not followed the terms, conditions and specifications of this chapter in construction performed under a prior or current permit. Additional terms pursuant to this chapter may be required in order for a new permit to be granted.
(D) Grounds for review.
(1) If any penalty under § 155.99 of this chapter is imposed against a user, the following procedure shall be followed.
(a) The user may request a review of such penalty by giving notice by certified mail, return receipt requested, to the city’s Director of Public Works within 45 days from receipt of notice of the penalty imposed. Such notice must include the reason(s) the user disputes the action taken under this chapter and section. The city’s Director of Public Works shall review the penalty and uphold it, modify it or withdraw it and give notice by certified mail, return receipt requested, to the user within ten city-business days from the date of review. The user has the right to meet personally with the city’s Director of Public Works for purposes of the review.
(b) If the user does not accept the decision of the city’s Director of Public Works upon receipt of written notice of such decision, the user may request a review of the penalty by giving notice by certified mail, return receipt requested, to the City Administrator within ten city-business days from receipt of notice of the decision of the city’s Director of Public Works. The City Administrator shall review the decision of the city’s Director of Public Works and uphold it, modify it or withdraw it and give notice by certified mail, return receipt requested, to the user within ten city-business days from the date of review by the City Administrator. The user has the right to meet personally with the City Administrator for purposes of the review.
(c) If the user does not accept the decision of the City Administrator upon receipt of written notice of such decision, the user may request a review of the penalty and of the prior decisions by the City Council by giving notice by certified mail, return receipt requested, to the City Administrator, within ten city-business days from receipt of notice of the decision of the City Administrator. The City Administrator shall then set a time and place for a review to be held by the City Council and shall give notice by certified mail, return receipt requested, to the user. Such opportunity shall take place in open session of the City Council at a regularly scheduled meeting after the user makes a timely request; provided that, the user has complied with all applicable agenda requirements and time schedules.
(2) The City Council may uphold, modify or reverse the decision of the City Administrator and/or the city’s Director of Public Works or refuse a formal vote on the matter. Refusal of a formal vote has the same effect as upholding the decision of the City Administrator. The action of the City Council shall be final.
(3) Except in the case of a penalty being imposed under division (D)(1) above, in the event a user’s construction permit is not timely approved as required by this chapter, or construction in progress is suspended (other than that related to restoration), or a user’s permit is revoked, or approval of a user’s permit is not granted as a result of a decision by the city’s Director of Public Works under this chapter, such user shall have the right to a review, but only under the following conditions.
(a) The user requests a review by the City Administrator by giving notice in writing to the City Administrator within five city-business days from the date of the city’s Director of Public Works’ decision. Such notice must include the reason(s) the user disputes the action taken under this chapter and section.
(b) The City Administrator shall review the user’s request and respond to such request within ten city-business days from the date of receipt of the user’s request, either in writing, by telephone or by meeting with the user.
(c) If the user refuses to accept the decision of the City Administrator regarding the user’s request, the user may request a review by the City Council by giving notice in writing to the City Administrator within five city-business days from the date of the City Administrator’s decision. Such notice must include the reason(s) the user disputes the decision of the City Administrator.
(4) Upon timely request by the user as set forth in this section, the City Council shall provide the user the opportunity to appear before them and present the reason(s) why the user disputes the decision of the City Administrator. Such opportunity shall take place in open session of the City Council at the next regular meeting after the user makes a timely request; provided that, the user has complied with all applicable agenda requirements and time schedules.
(5) The City Council may uphold, modify or reverse the decision of the City Administrator and/or the city’s Director of Public Works or refuse a formal vote on the matter. Refusal of a formal vote has the same effect as upholding the decision of the City Administrator. The action of the City Council shall be final.
(Ord. 131101, passed 11-23-2013)