(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. To further aid in the administration and enforcement of this article, the director is also authorized to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses (including but not limited to streetcars) and public service providers, so long as those regulations and standards 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) 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.
(d) 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) knowingly fails to clear debris associated with the construction from a public right-of- way after construction is completed.
(e) It is a defense to prosecution under Subsection (d)(2) 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.
(f) 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.
(g) It is a defense to prosecution under Subsections (f)(1) and (f)(2) 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.
(h) 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 (f)(2) is punishable by a fine of not less than $500 or more than $2,000. Any other offense under this article is punishable by a fine of $500. The culpable mental state required for the commission of an offense under this article is governed by Section 1-5.1 of this code.
(i) 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.
(j) 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. Nos. 24495; 26263; 28066)