(a) Emergency Situations. Each person shall immediately notify the City Engineer of any event regarding its equipment that it considers to be an emergency. The person may proceed to take whatever actions are necessary to respond to the emergency. Within two (2) business days after the occurrence of the emergency, the person shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency.
(b) Non-Emergency Situations. Except in the case of an emergency, any person who obstructs or excavates a right-of-way without a permit (unless waived by the City Engineer) must subsequently obtain a permit, pay double the normal fee for such permit, and deposit with the City Engineer the fees necessary to correct any damage to the right-of-way.
(c) Any facilities or equipment installed without a valid Permit to Install issued under this Chapter and without benefit of the initial consent granted under Section 909.02 hereof may be summarily removed from the right-of-way upon direction of the City Engineer. Prior to causing the removal of non-permitted facilities or equipment, the City Engineer shall provide the owner of such facilities or equipment, if known, with thirty (30) days' notice to remove the facilities or equipment. The City Engineer may provide fewer than thirty (30) days' notice in an emergency situation or if the presence of the non-permitted facilities or equipment threatens to delay a public works project. If the owner fails to remove said facilities or equipment within the time provided, the City Engineer may proceed to remove the facilities or equipment at the owner's risk. An owner having received a notice under this Section and who fails to comply shall reimburse the City for all expenses incurred in removing the facilities and equipment and restoring the right-of-way to its previous condition.
(Ord. 2016-89. Passed 8-8-16.)