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12.16.200. Failure to comply; Default in performance

            (1)        Any permit may be revoked or suspended and a stop order issued by the City Engineer, after notice to the permittee for:

                        (a)        violation of any condition of the permit, the bond, or of any provision of this Chapter;

                        (b)        violation of any provision of any other ordinance of the City or law relating to the excavation; or

                        (c)        existence of any condition or the doing of any act which does constitute, may constitute, or cause a condition endangering life or property.

            (2)        A suspension or revocation by the City Engineer, and a stop order, shall take effect immediately upon entry thereof by the City Engineer and notice to the person performing the excavation in the public way.  Notice to the person performing the excavation shall be accomplished when the City Engineer has posted a stop work order at the location of the excavation and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.

            (3)        Whenever the 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 or escrow agent on the bond, if there is a surety or escrow bond.  Such notice shall state the excavation to be done, the estimated cost thereof, and the period of time deemed by the City Engineer to be reasonably necessary for the completion of the excavation.

            (4)        In the event that the surety or escrow agent (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the excavation, the requirements of public safety and for the protection of persons and property), fails either to commence and cause the required excavation to be performed with due diligence, or to indemnify the City for the cost of doing the excavation, as set forth in the notice, the City may perform the excavation, at the discretion of the City Engineer, with City forces or contract forces or both, and suit may be commenced by the City Attorney against the principal and bonding company or escrow and such other persons as may be liable, to recover the entire amount due to the City, including attorney fees, on account thereof.  In the event that cash has been deposited, the cost of performing the excavation may be charged against the amount deposited, and suit brought for the balance due, if any.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-63, Enacted, 11/6/1997

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