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For failure to conform to the engineering design and construction standards, the department may:
A. Suspend or revoke the permit;
B. Issue a stop order;
C. Order removal and replacement of faulty work;
D. Require an extended warranty period; and/or
E. Negotiate a cash settlement to be applied toward future maintenance costs. (Ord. 08-18, 7-17-2008)
Any suspension, revocation or stop order by the department may be appealed by the permittee to the city council by filing a written notice of appeal within ten (10) days of the action of the department. The city council may hear such appeal, if written request therefor be timely filed, as soon as practicable, and render their decision within a reasonable time following filing such appeal. (Ord. 08-18, 7-17-2008)
It shall be unlawful for any person to maliciously or wantonly or without authorization and legal cause, extinguish, remove or diminish any light illuminating any barricade or excavation, or to tear down, remove or in any manner alter any rail, fence or barricade protecting any excavation or other construction site. (Ord. 08-18, 7-17-2008)
Should there be a conflict between the provisions of this chapter and the provisions of any other ordinance, agreement, franchise, or other document governing the excavation of a public way, the more restrictive provisions of the aforesaid documents shall apply. (Ord. 08-18, 7-17-2008)
Unless otherwise specified in this chapter, a violation of any provision of this chapter, or failure to comply with an order of suspension, revocation or stop work, shall be guilty of a misdemeanor as described in section 1.08.020 of this code. Each day the violation exists shall be a separate offense. No criminal conviction shall excuse the person from otherwise complying with the provisions of this chapter. (Ord. 08-18, 7-17-2008)
If collection by lawsuit of the city's expenses under this chapter becomes necessary, then the city shall be entitled to judgment for all expenses incurred in the restoration of the public way or other property, together with interest thereon and the city's court costs and reasonable attorney fees. The city shall be entitled to execution on such judgment as provided by law. (Ord. 08-18, 7-17-2008)