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Ord 2540
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Ord 2540
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Last modified
7/23/2024 4:08:29 PM
Creation date
7/23/2024 4:08:03 PM
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Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Regular
Agency Type
City Council
Date
7/22/2024
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ATTY/ORD.0006/CC ORD AMENDING MUNICIPAL CODE CHAPTER 29 – EXHIBIT A <br />REV: 07-11-24 VR <br />Page 15 of 16 <br />Sec. 29.23. - REMOVAL UPON TERMINATION/REVOCATION: <br />Upon final determination of termination/revocation of any permit issued pursuant to this Chapter, <br />the permittee shall promptly remove all property belonging to permittee from the right-of-way and <br />restore the right-of-way to its former condition. If permittee fails to so remove its property and so <br />restore the right-of-way, the City may remove such property and restore the right-of-way or City <br />property to its former condition. The permittee shall reimburse the City upon demand for all expenses <br />incurred by the City in removing permittee's property and restoring the right-of-way or City property. <br />Sec. 29.24. - CEASE AND DESIST ORDERS: <br />Whenever any encroachment or work is being done contrary to the provisions of this Municipal Code <br />or the terms of any permit or local, state, or federal law, the Director and/or the City Engineer may <br />order the unauthorized encroachment or work stopped, by notice in writing, served on any person <br />engaged in the doing or causing of such unauthorized encroachment or work, and any such person <br />shall forthwith stop such unauthorized encroachment or work. Any person performing work in the <br />right-of-way or City property shall have a copy of a valid encroachment permit issued by the City at <br />the site and shall make such permit available for inspection by the City at all times work is being <br />performed or property or equipment is located in the right-of-way or City property. <br />Sec. 29.25. - ANNUAL MAP: <br />Every permittee, or other entity maintaining pipes, lines, or conduits or other facilities in the right-of- <br />way or City property shall file with the Department, during the month of January of each year, a map <br />indicating the size and location of each pipe, line, conduit or other facility owned and maintained by <br />such entity in the right-of-way or City property. However, after such entity has in the first instance <br />filed such map, it may thereafter in lieu of filing a new map each year, revise the map on file so as to <br />show changes and extensions. The first such annual map must be filed by January one (1) year from <br />the effective date of the ordinance from which this Section is derived. Failure to comply with this <br />Section constitutes grounds to deny additional encroachment permits and/or to revoke <br />encroachment permits for facilities not shown on such maps after written request by the City. For <br />outdoor business activities, any changes to the facilities in the right-of-way may be submitted during <br />the annual renewal process prior to when the outdoor business activity permit expires and subject <br />to applicable fees, or changes to the facilities in the right-of-way may be submitted earlier outside of <br />the annual renewal process at the businesses' own expense. <br />Sec. 29.26. - FEES: <br />Persons and entities applying for a permit pursuant to this Chapter shall pay (1) the non-refundable <br />encroachment permit application processing fee which covers the cost of processing the <br />application; (2) the plan check fee which covers the cost of reviewing the plans and submittals to <br />iensure compliance with all City regulations; (3) the inspection fee which covers the cost of <br />inspection of the construction, work or installation to ensure it meets all City requirements; (4) a fee <br />(or security in the form of completion and payment bonds) to recover all of the reasonable costs <br />associated with removal of permittee's facilities, repair of right-of-way or other City property, <br />maintenance of permittee's facilities in the right-of-way or City property, including, but not limited to, <br />all reasonable costs associated with damage caused to the right-of-way or City property if City is
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