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(A) When the work under any permit hereunder is completed, the permittee shall notify the city.
(B) The permittee shall make the work site available to the city inspector and to all others as authorized by law for inspection at all reasonable times during the execution and upon completion of work.
(C) At the time of inspection, the city inspector may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well being of the public. The city inspector may issue an order to the registrant for any work that does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten days after issuance of the order, the registrant shall present proof to the city that the violation has been corrected. If such proof has not been presented within the required time, the city may revoke the permit pursuant to § 152.38 of this chapter.
(Ord. 2004-09, passed 11-23-2004
; Ord. 2019-02, passed 1-8-2019)
(A) Emergency situations.
(1) Each registrant shall immediately notify the city or the city’s designee of any event regarding its equipment that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary in order to respond to the emergency. Within two business days after the occurrence of the emergency, the registrant 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) In the event that the city becomes aware of an emergency regarding a registrant’s equipment, the city may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary in order to respond to the emergency, the cost of which shall be borne by the registrant whose equipment occasioned the emergency.
(B) Non-emergency situations. Except in the case of an emergency, any person who, without first having obtained the necessary permit, obstructs, excavates, collocates, installs or places facilities or equipment, or performs any work requiring a permit in a right-of-way must subsequently obtain a permit(s), pay double the normal fee for said permit(s), pay double all the other fees required by city ordinance, including, but not limited to, criminal fines and penalties, 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. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)
If the collocation or facility installation in, or obstruction or excavation of, the right-of-way begins later or ends sooner than the date given on the permit, the permittee shall notify the city of the accurate information as soon as the information is known.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)
(A) Registrants hold permits issued pursuant to this chapter as a privilege and not as a right. The city reserves its right, as provided herein and in accordance with M.S. § 237.163, Subd. 4, as it may be amended from time to time, to revoke any right-of-way permit, without fee refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation or any condition of the permit. A substantial breach by the permittee shall include, but shall not be limited to, the following:
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-way permit;
(4) The failure to maintain the required bonds and/or insurance;
(5) The failure to complete the work in a timely manner; and
(6) The failure to correct a condition indicated on an order issued pursuant to § 152.35(C) of this chapter.
(B) If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach, as stated above, will allow the city, at the city’s discretion, to place additional or revised conditions on the permit.
(C) Within 24 hours of receiving notification of the breach, the permittee shall contact the city with a plan, acceptable to the city inspector, for its correction. The permittee’s failure to so contact the city inspector, the permittee’s failure to submit an acceptable plan or the permittee’s failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit. Further, the permittee’s failure to so contact the city inspector, or the permittee’s failure to submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan shall automatically place the permittee on probation for one full year.
(D) From time to time, the city may establish a list of conditions of the permit which, if breached, will automatically place the permittee on probation for one full year, such as, but not limited to, working out of the allotted time period or working on right-of-way outside of the permit.
(E) If a permittee, while on probation, commits a breach as outlined above, the permittee’s permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs.
(F) If a permit is revoked, the permittee shall also reimburse the city for the reasonable costs, including restoration costs and the costs of collection and reasonable attorney fees incurred in connection with such revocation.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)
(A) A person who, as follows, may have the denial, revocation or fee imposition reviewed by the City Council, upon written request. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation or fee imposition must be in writing and supported by written findings establishing the reasonableness of the decision:
(1) Has been denied registration;
(2) Has been denied a right-of-way permit;
(3) Has had its right-of-way permit revoked; or
(4) Believes that the fees imposed on the user by the city do not conform to the requirements of law.
(B) Upon affirmation by the City Council of the denial, revocation or fee imposition, the right-of-way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the city and the person. If the parties cannot agree on an arbitrator, the matter must be resolved by a three-person arbitration panel made up of one arbitrator selected by the city, one arbitrator selected by the person and one arbitrator selected by the other two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the city and the person. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration.
(C) Each party to the arbitration shall pay its own costs, disbursements and attorney fees.
(Ord. 2004-09, passed 11-23-2004
; Ord. 2019-02, passed 1-8-2019)
(A) Except as provided in division (B) below, each registrant shall provide as a part of its permit application the following information:
(1) Location and approximate height or depth of applicant’s mains, cables, conduits, switches, small wireless facilities, wireless support structures, and related equipment and facilities with the location based on:
(a) Offsets from the property lines, distances from the centerline to the public right-of-way, and curb lines as determined by the city;
(b) Coordinates derived from the coordinates system being used by the city; or
(c) Any other system agreed upon by the applicant and the city.
(2) Type and size of the utility facility;
(3) Description showing above ground appurtenances;
(4) A legend explaining symbols, characters, abbreviations, scale and other data shown on the map; and
(5) Any facilities to be abandoned, if applicable, in conformance with M.S. § 216D.04, Subd. 3, as it may be amended from time to time. Mapping data shall be provided by the applicant with specificity and in the format requested by the city for inclusion in the mapping system used by the city. If such format is different from what is currently utilized and maintained by the registration, the registrant may provide such information in the format that they currently are utilizing. The permit application fee may include the cost to convert the data furnished by the applicant to a format currently in use by the city.
(B) Information regarding equipment of telecommunications right-of-way users constructed or located prior to 5-10-1997, need only be supplied in the form maintained, however, all telecommunications right-of-way users must submit some type of documentary evidence regarding the location of equipment within the rights-of-way of the city.
(C) At the request of any registrant, any information requested by the city, which qualifies as a “trade-secret” under M.S. § 13.37(b), as it may be amended from time to time, shall be treated as trade secret information as detailed therein. With respect to the provision of mapping data, the city may consider unique circumstances from time to time required to obtain mapping data.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)
EQUIPMENT AND USE RESTRICTIONS
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