(A) City Engineer's authority.
(1) The City Engineer is authorized to administer, interpret, and enforce the provisions of this chapter and to promulgate regulations, including but not limited to, engineering, technical, and other special criteria and standards, including design standards, to aid in the administration and enforcement of this chapter that are not in conflict with this chapter, this code, or state or federal law.
(2) Enforcement. The City Engineer is authorized to enter upon a construction site for which a permit is granted under this chapter or, where necessary, upon private property adjacent to the construction site for purposes of inspection to determine compliance with the permit or this chapter without notice. If the inspection requires physical contact with the equipment, the City Engineer must provide written notice to the agency, network provider, or infrastructure contractor within five business days of the planned inspection. Agency, network provider or infrastructure contractor may have a representative present during such inspection.
(B) Violations. A person, agency, or public infrastructure contractor commits an offense if he or she:
(1) Performs, authorizes, directs, or supervises construction without a valid permit issued under this chapter;
(2) Violates any provision of this chapter;
(3) Fails to comply with restrictions or requirements of a permit issued pursuant to this chapter; or
(4) Fails to comply with an order or regulation of the City Engineer issued pursuant to this chapter.
(C) This chapter 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 violation of this chapter.
(D) Prior to initiation of civil enforcement litigation, a person, agency, network provider, or public infrastructure contractor who has violated a provision of this chapter must be given the opportunity to correct the violation within the timeframe specified by the City Engineer. This section does not prohibit the City Engineer or the city from taking enforcement action as to past or present violations of this chapter, notwithstanding their correction.
(Ord. O-23-978, passed 7-17-2023)