§ 98.99  PENALTY.
   (A)   A person commits an offense if, in connection with the performance of construction in the right-of-way, the person:
      (1)   Performs, authorizes, directs, or supervises construction without a valid excavation permit;
      (2)   Violates any other provision of this chapter;
      (3)   Fails to comply with restrictions or requirements of a permit issued under this chapter; or
      (4)   Fails to comply with an order or regulation of the city issued pursuant to this chapter;
      (5)   Damages the public right-of-way beyond what is incidental or necessary to the performance of the construction;
      (6)   Damages public or private facilities within the public right-of-way; or
      (7)   Fails to clear debris associated with the construction from a public right-of-way after construction is completed.
   (B)   It is a defense to prosecution under division (A)(6) if the person complied with all of the requirements of this chapter 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.
   (C)   A culpable mental state is not required to prove an offense under this chapter. A person who violates a provision of this chapter 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 division (A)(7) is punishable by a fine of not less than $500 or more than $2,000. Any other offense under this chapter is punishable by a fine of $500. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 1018-2, passed 2-11-2019)