2007-124 Ordinance - Laserfiche WebLink

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??.,. Service Provider or Contractor will bear if the requested relief is not granted. The Board of Right-of-Way Appeals shall issue a written decision setting forth the Board's reasons for granting or denying the petition for relie£ The decision of the Board is the final decision of the City on the appeal. 902.11 MISCELLANEOUS PROVISIONS. (a) Modification or Waiver of Requirements. It is within the City Engineer's reasonable discretion to modify or waive a requirement or requirements of this Chapter where such requirements, in the City Engineer's judgment, are not necessary or appropriate to protect the City's interests in managing its Rights-of-Way and the purposes and intent of this Chapter. (b) Preemption bv State and Federal Law. Except as may be preempted by applicable State or Federal laws, rates, regulations, and orders, this Chapter shall apply and be controlling over each Service Provider with Facilities in the Rights-of-Way, and Contractors performing work related to those Facilities. (c) Application to City-Owned ar Operated Facilities. Contractars working on City owned or operated Facilities shall comply with all requirements of this Chapter. (d) Application to Existing Code Provisions. In the event of a direct conflict between any provision of this Chapter and any other section of the City's Codified Ordinances, the provisions of this Chapter shall apply. (e) Severabilitv. If any section, subsection, sentence, clause, phrase, or other portion of this Chapter, or its application to any Person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, that decision shall not affect the validity of the remaining portions hereof. 902.99 PENALTIES AND OTHER REMEDIES. (a) Penalty. Whoever violates any provision of the Chapter is guilty of a misdemeanor offense for each offense, subject to the imposition of a fine of not more than Five Hundred Dollars ($500.00) for each offense. Each violation of a Section or part of a Section of this Chapter shall constitute a separate and distinct violation independent of any other Section or part of a Section or any order issued pursuant to this Chapter. Each day of failure by any person after notice and final order to comply with any Section or part of a Section shall constitute a separate offense. Furthermore, upon such notice and citation, the court is authorized to impose a misdemeanor fine for each and every day that the violation is found to persist, without the necessity of a separate and additional citation for each separate daily offense. (b) Application of Penalty to Officers or Agents. Where the defendant is other than a natural person, subsection (a) above shall also apply to any agent, superintendent, officer, member or partner who, alone or with others, has charge, care or control of the defendant's activities, not limited to construction projects. (c) Civil Violations and Forfeiture. (1) In addition to the criminal penalties set forth above, the City Engineer may, within the Engineer's discretion, make an initial finding of a civil violation by the Service Provider and/or Contractor far violating, 24 > i z7z??-i