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CHAPTER 930: Use of Public Rights of Way
<br />lessor sanction and cure, considering the nature, circumstances, extent and gravity of
<br />the violation as reflected by one or more of the following factors:
<br />(1) Whether the misconduct was egregious.
<br />(2) Whether substantial harm resulted.
<br />(3) Whether the violation was intentional.
<br />(4) Whether there is a history of prior violations of the same or other requirements.
<br />(5) Whether there is a history of overall compliance.
<br />(6) Whether the violation was voluntarily disclosed, admitted or cured.
<br />930.12 CONSTRUCTION STANDARDS
<br />(a) General: No Person shall commence or continue with the construction,
<br />reconstruction, installation, maintenance or repair of Facilities or Excavation within
<br />the Public Ways except as provided in this Article.
<br />(b) Construction Codes: Facilities shall be constructed, reconstructed, installed,
<br />operated, Excavated and maintained in accordance with all applicable Federal, State
<br />and local codes, rules and regulations including, but not limited to, the National
<br />Electrical Safety Code.
<br />(c) Construction Permits: Except as provided in Section 930.11, Subsection (m), no
<br />Person shall construct, reconstruct, install, maintain or repair any Facilities, ar
<br />Excavate, within the Public Ways without first obtaining a construction permit
<br />therefore, provided, however:
<br />(1) No permit shall be issued for the construction, reconstruction, installation,
<br />maintenance or repair of Facilities, or Excavation, within the Public Ways
<br />unless the Service provider has filed a registration statement with the City
<br />pursuant to Section 930.09.
<br />(2) No permit shall be issued for the construction, reconstruction, installation,
<br />maintenance or repair of Facilities, or Excavation, in the Public Ways unless
<br />the Service Provider has applied for and received a Use Permit pursuant to
<br />Section 930.10 of this Ordinance.
<br />(3) No permit shall be issued for the construction, reconstruction, installation,
<br />maintenance or repair of Facilities, or Excavation, without payment of the
<br />construction permit fee established in Section 930.13 of this Ordinance.
<br />(d) Applications: Applications for permits to construct, reconstruct, install, maintain or
<br />repair Facilities, or Excavate, shall be submitted upon forms to be provided by the
<br />City and shall be accompanied by drawings, plans and specifications in sufficient
<br />detail to demonstrate:
<br />(1) That the Facilities will be constructed, reconstructed, installed, repaired or
<br />maintained, or the Public Way Excavated, in accardance with all applicable
<br />codes, rules and regulations. Regulations include the following:
<br />(a) Plans shall be submitted in triplicate on twenty-four (24) inch by thirty-
<br />six (36) inch sheets unless otherwise approved by the City Engineer.
<br />EXHIBIT A
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