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Ordinance 1048-84
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Ordinance 1048-84
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4/10/2018 9:43:25 AM
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Ordinances
Ordinance Number
1048-84
Date
7/11/1984
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• <br /> • <br /> • <br /> 1 permit fee within the time period as requested by the City, then the permission for use <br /> 2 of the City's property shall be automatically withdrawn and all rights thereunder shall <br /> 3 be deemed immediately withdrawn. <br /> 4 Should the City terminate the permit prior to the expiration of a time period for <br /> 5 which the permit has been issued, the permittee shall be entitled to a refund in a <br /> 6 pro-rata amount covering the unused period for which the fee was paid. Provided, <br /> 7 however, the City is authorized to retain the refund and apply it towards the cost of <br /> 8 restoration as described in Section 10 herein. <br /> 9 Section 12: Right of Entry. The Director of Public Works or his designee is <br /> 10 authorized to enter at all reasonable times any property for which a permit authorized <br /> 11 herein has been issued for purposes of making inspections and/or restoring property as <br /> 12 defined in Section 10 herein. <br /> 13 Section 13: Hold Harmless. All permits issued for the temporary use of City <br /> 14 <br /> right-of-way shall be conditioned upon the <br /> permittee executing a hold harmless <br /> 15 agreement as promulgated by the City Attorney's Office. <br /> 16 Section 14: Appeal. Any person whose application for a permit for <br /> 1 <br /> temporary use of City right-of-way is denied or any person who feels aggrieved by the <br /> 18 City in the granting or denying of a permit shall be entitled to appeal to the City's Land <br /> 19 Use Hearing Examiner. The appeal must be in writing and comply with the procedures <br /> 20 adopted by the Hearing Examiner. Said appeal must be filed with the Hearing Examiner <br /> 21 within ten (10) days of the date of notification of the denial or grant. The decision of <br /> 22 the Hearing Examiner is final. <br /> 23 Section 15: Sections 20 and 21 of Ordinance No. 2513 are hereby repealed, as <br /> 24 well as all other ordinances in conflict herewith are hereby repealed. <br /> 25 Section 16: Penalty. Any person, firm, corporation or association who uses <br /> 26 City right-of-way in derogation of this ordinance without having a valid City permit, <br /> 27 who otherwise violates this ordinance or who fails to properly restore the right-of-way <br /> 28 in accordance with the requirements of this ordinance shall be deemed guilty of a <br /> 29 misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed <br /> 30 <br /> one thousand dollars ($1,000) or imprisonment in jail not to exceed ninety (90) days, or <br /> 31 both imprisonment and fine. Each separate day or any portion thereof, during which <br /> 32 <br /> -5- <br />
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