(A) Stop work orders. A stop work order shall be in writing, state the work to be stopped, state the reasons therefore, and state the conditions under which the work may be resumed. A stop work order may be issued for:
(1) Working in the right-of-way without a valid and unexpired utility right-of-way master permit or unrevoked and unexpired franchise issued by the town as required by § 94.045;
(2) Use of a contractor that has not been registered with the town other than in an emergency;
(3) Violation of § 94.047(C);
(4) Violation of § 94.049(C);
(5) Failure to comply with § 94.047(B) within a reasonable period of time after notification of such non-compliance;
(6) Failure to comply with § 94.049(B) within a reasonable period of time after notification of such non-compliance;
(7) Working in the right-of-way without one representative who has sufficient proficiency in the English language to communicate with representatives of the town as required by § 94.050;
(8) Violation of § 94.051(B);
(9) Violation of § 94.051(C).
(B) Permit denials. The town may refuse to issue utility work permits required by this subchapter to a utility that does not possess a valid and unexpired utility right-of-way master permit or unrevoked and unexpired franchise as required by § 94.045 or to a utility that is in violation of the terms and conditions of a utility right-of-way master permit or franchise.
(1) The town may refuse to issue utility work permits required by this subchapter to a utility that has not paid civil penalties within 45 days after the date the penalties were assessed if the company has not appealed the assessment, or within 45 days of a final decision on appeal.
(2) The town may refuse to issue utility work permits required by this subchapter to a utility that has not paid costs assessed pursuant to division (C) within 45 days of the assessment.
(C) Cost of remediation. In the event that a utility fails to properly repair and restore the right-of-way as required by this subchapter, the town may provide of the repair and restoration and charge the cost to the utility.
(Ord. 2008-01, passed 9-9-2008)