§ 78-484. Violations and penalties.

(a)

In the event of a violation or failure to comply with any portion of this article, in addition to all other remedies provided in this Code or otherwise by law, the city may take whatever emergency action it deems necessary to secure public right-of-way that has not been secured in conformance with the required storm preparation procedures of this article. In such circumstances, the city shall invoice the violator for all charges and expenses incurred by the city to comply with the storm preparation procedures and eliminate potentially unsafe conditions. A notice of violation and invoice shall be posted at the job site and mailed to the permittee, contractor, individual or entity. The written notice shall constitute a stop work order and shall remain in effect until such time that all outstanding charges and expense have been paid in full. The securing of an outside contractor by the city to perform storm preparation procedures at a violating work site shall be deemed to be the securing of emergency services and shall not require the city to utilize a competitive bid process to select a contractor. However, the solicitation of quotes and a determination of best value to the city shall be made. The utilization of city equipment, staff, and materials shall be included in the invoice for charges and expenses.

(b)

The violation of or failure to comply with any portion of this article may be enforced by the engineering services director or designee through the revocation of any permit issued for work in the right-of-way or on public property; or issuance of a stop work order or directive to vacate the public right-of-way.

(c)

In addition to any other remedy under this section, the violation or failure to comply with any portion of this article shall be subject to the penalties provision of section 1-13 of this Code.

(d)

The provisions of this article are cumulative with and in addition to any other remedy provided by law.

(Ord. No. 4340-11, § 1, 5-31-2011)