O-2013-3465 Right-of-Way Ordinance and Utility Permit Process

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shall bear the costs of all relocations of street lighting and other Facilities that were installed only for the purpose of providing direct service to City facilities. . (b) The Utility is responsible for verifying the location, both horizontal and vertical, of all Facilities affected by the design of proposed public infrastructure improvements. Sec. 62-117. Appeals. Appeals of a decision by the Director or his designee related to denial, suspension, or revocation of a permit may be filed with the City Manager within seven (7) working days of the decision. The appeal shall specifically state the basis for the aggrieved party's challenge to the City's authority under this Ordinance. Sec. 62-118. Criminal Prosecution. (a) Any violation or failure to abide by, and comply with, any provision or requirement of this article shall be a criminal offense and shall be punished as a class C misdemeanor, subject to a fine of $500.00 per occurrence, unless otherwise provided by state law. (b) Each day upon which there exists a violation of this article, or a failure to abide by, or comply with, any provision or requirement of this article, shall constitute a separate occurrence, and may subject the offender to separate criminal penalties. (c) Prosecution pursuant to this section is in addition to and does not supplant other remedies. Sec. 62-119. Civil Penalties. (a) Civil penalties may be imposed for the violation of any provision of this article as follows: (1) Up to $1,000.00 for each violation, and each day of a continuing violation may be considered a new violation; and/or (2) If applicable, default and revocation of any or all permits granted to allow work in the rights-of-way, subject to the procedural guidelines noted in this article and any agreement which applies to the right-of-way user, and further subject to any limitations imposed by federal or state law. (b) In imposing the penalties and the amount, the city may weigh all applicable factors, such as damages caused by the violation, reasons for the violation, the seriousness of the violation, and all other factors. (c) Monetary civil penalties may be imposed in the manner prescribed by either local or state law. (d) In addition, the city council may order specific performance of any actions required by this 11