(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)