(A) Presentation of records. Without cost to the village, the permittees shall deliver to the village, within 2 business days of an oral or written request, a complete set of accurate and current maps, records, plans, specifications, drawings, technical data, other documents or information as may be reasonably necessary to enable the village to fulfill its duties under applicable laws and regulations.
(B) Physical audit. The village may directly or through an engineering firm, perform an annual physical audit of a permittee's system to review the location of permittee system within the public rights-of-way. The audit report shall be provided to a permittee no later than 90 days after the expiration of the permit year for which the audit was conducted. To the extent permitted by law, the village will maintain on a confidential basis the contents of any audit reports and all information disclosed by a permittee, and the village will not disclose same to any third parties without prior notice to a permittee.
(C) Discrepancies. If a material discrepancy exists between the audit and the authorized routes described in the permit, the permittees shall, within 30 days of its receipt of the audit report, either remove its system from the public rights-of-way that are not authorized routes described in the permit, or obtain village consent to add the public rights-of-way to the authorized routes. The permittees also shall reimburse the village for the cost of the audit.
(D) Challenges to physical audit. Within 20 days of its receipt of the audit report, a permittee shall have the right to file a written response to the audit and to request the review of another engineer. A permittee may retain at its sole cost an engineer or engineering firm of its own choice (the reviewing engineer) to perform a physical audit of its system. The reviewing engineer's audit shall be completed within 60 days after permittees files its request for review by a reviewing engineer. If the reviewing engineer's audit confirms that a material discrepancy existed as of the date of the original audit, then within 10 days of permittee's receipt of the reviewing engineer's audit, § 158.23(C) shall apply.
(Ord. 236, passed 4-17-2000) Penalty, see § 158.99