7.08 - Permit Requirement § 7.08
Section 7.08: Permit Requirement
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
Subdivision 1. Permit Required
Except as otherwise provided in this Code, no person may obstruct, construct
retaining walls or landscaping, pave driveways or parking stalls, plant trees or
shrubs; place courtesy benches, install irrigation, conduits, wires or other objects,
or excavate any right-of-way without first having obtained a right-of-way permit
from the City Manager or his/her designee to do so. The right-of-way permit is valid
only for the work, excavation or obstruction and specific duration included in the
permit.
Source: Ordinance No. 286, 2nd Series
Effective Date: 11-14-03
However, nothing in this Chapter releases persons placing obstructions in the right-
of-way that do not require permits from retaining maintenance responsibility for
those obstructions. Persons placing non-permitted obstructions in the right-of-way
accept full responsibility for damage to the obstructions due to maintenance or
construction performed by the City or its representatives, and any damage caused
by other parties.
Subdivision 2. Permit Extensions
No person may excavate or obstruct the right-of-way beyond the date or dates
specified in the permit unless such person A) makes a supplementary application
for another right-of-way permit before the expiration of the initial permit, and B) a
new permit or permit extension is granted.
Subdivision 3. Delay Penalty
In accordance with Minnesota Rules 7819.1000 Subd. 3 and notwithstanding Subd.
2 of this section, the City shall establish and impose a delay penalty for
unreasonable delays in right-of-way excavation, obstruction, repair, or restoration.
The delay penalty shall be established on an annual basis by City Council resolution.
In addition to the delay penalty, the City reserves the right to perform repair and
patching when delays pose a potential threat to public safety.
Subdivision 4. Permit Display
Permits issued under this Chapter shall be in the possession of the person
performing the work at all times and shall be available for inspection by the City
Manager or his/her designee.
Subdivision 5. Approved Plans
Permittees must have a copy of the approved right-of-way plans available on the
work site at all times, these plans must be available for inspection by the City
Manager or his/her designee.
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
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