(A) A suspension or revocation of the permit shall have the same effect as the issuance of a stop work order.
(B) A stop work order shall take effect immediately upon entry thereof by the Public Works Director or the City Engineer, and notice given to the person performing the work in the public right-of- way.
(C) Notice shall be accomplished when the Public Works Director or City Engineer has posted a stop work order at the location of the work and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.
(D) A stop work order shall take effect without notice having been mailed if in the opinion of the Public Works Director or City Engineer that with the violation there exists any condition, or act undertaken by the permittee, which does constitute, may constitute, or causes a condition endangering life or property.
(E) Whenever the Public Works Director or City Engineer finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof may be given to the principal and to the surety on the bond, if there is a surety bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed to be reasonably necessary for the completion of the work.
(F) In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, the requirements of public safety, and for the protection of persons and property), fails either to commence and cause the required work to be performed with due diligence, or to indemnify the city for the cost of doing the work, as set forth in the notice, the city may perform the work, at the discretion of the Public Works Director or City Engineer with city forces or contract forces or both, and suit may be commenced by the City Attorney against the contractor and bonding company, and such other persons as may be liable, to recover the entire amount due to the city, including attorney's fees, on account thereof.
(1) In the event that cash has been deposited, the cost of performing the work may be charged against the amount deposited, and suit brought for the balance due, if any.
(G) Any damage to city-owned facilities or damages resulting from the interruption of services caused by any person working without a permit shall be the sole responsibility of that person. The city shall employ whatever resources necessary, city personnel and equipment, contractors, or both, to repair damage and/or re-establish services and the entire cost of those resources shall be borne by the person.
(H) A stop work order may be lifted after the permittee has made all corrective actions to the satisfaction of the City Engineer.
(I) Fines, penalties, or cost of damages must be paid in full before the city will issue a permit to commence the suspended work.
(J) A stop work order may be lifted conditionally before or during the implementation of corrective actions, in the judgment of the City Engineer, as long as resumption of the work does not continue, not constitute, nor cause a condition endangering life or property.
(K) The city reserves the right to revoke a permit and issue no further permits to any person who has failed to correct any default that has occurred in the performance of any term or conditions of this chapter.
(L) The permittee may appeal a stop work order pursuant to the appeal procedure set forth in § 152.021(F).
(Ord. 06-2024, passed 3-6-2024)