(A) Each person or service that occupies, uses, or seeks to occupy or use, the right-of-way or any equipment located in the right-of-way, including by lease, sublease, or assignment, or who has, or seeks to have, equipment located in any right-of-way, must register with the city. Registration will consist of providing application information and as required by the city, paying a registration fee, and posting a performance and restoration bond. The performance and restoration bond required in this section, and in §§ 94.12, 94.15, and 94.34, shall be in an amount determined at the city’s sole discretion, sufficient to serve as security for the full and complete performance of the obligations under this chapter, including any costs, expenses, damages, or loss the city pays or incurs because of any failure to comply with this chapter or any other applicable laws, regulations, or standards. During periods of construction, repair, or restoration of rights-of-way or equipment in rights-of-way, the performance and restoration bond shall be in an amount sufficient to cover 100% of the estimated cost of the work, as documented by the person proposing to perform the work, or in the lesser amount as may be determined by the city, taking into account the amount of equipment, in the right-of-way, the location and method of installation of the equipment, the conflict or interference of the equipment with the equipment of other persons, and the purposes and policies of this section. Sixty days after completion of the work, the right-of-way management performance and restoration bond may be reduced by the sole determination of the city.
(B) No person may construct, install, repair, remove, relocate, or perform any other work, except as permitted in division (C) below, on or use any equipment or any part thereof located in any right-of-way without first being registered with the city.
(C) Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens or in the area of right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining the boulevard plantings or gardens under this chapter. However, excavations deeper than 12 inches are subject to the permit requirements of § 94.11 and nothing herein relieves a person from complying with the provisions of the M.S. Chapter 216D, Gopher One Call Law, as it may be amended from time to time.
(Prior Code, § 96.06) Penalty, see § 94.99