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A. A right-of-way encroachment permit may be revoked by the Town when the right-of-way, or any portion thereof, occupied and used by the permittee is needed or required by the Town, and upon notice from the Town, the permittee shall promptly remove all property belonging to or controlled by him from the right-of-way.

B. If at any time the Town Engineer finds, in writing, that the delay in the completion of the work authorized by the encroachment permit is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right-of-way or water course to its former condition. All costs and fees for any restoration plus an administrative fee in such amount as approved by the Council by resolution or as part of the Town’s annual budget shall be charged to the permittee. If a permittee fails to pay any fees charged in connection with a permit under this article within 15 days of receipt of notice such payment is due, the Town Engineer may revoke all of the permittee’s existing permits and may deny any further permits to the permittee until payment is received for all fees due. The determination of the Town Engineer shall be final.

C. Unless specifically modified in the encroachment permit conditions, failure to perform the following shall constitute a lack of diligence on the part of the permittee:

1. Stop the seep or flow of a liquid onto or upon a street within five days of receipt of notice from the Town.

2. Provide and maintain required barricading and other necessary traffic control measures, as determined by the Town Engineer, for the entire period of the encroachment.

3. Close or backfill an excavated area where no work is occurring for a period of three consecutive days. The Town Engineer may require the permittee to backfill daily, install plates or take other such actions the engineer deems necessary for traffic safety, access, circulation or proper drainage.

4. Provide a temporary pavement surface (cold patch) within three days after backfilling, adequately maintain the temporary pavement surface and install the permanent pavement surface within 30 days after backfilling.

5. Restore improved landscape areas within seven days after backfilling.

6. Restore native desert areas by plantings, spriggings and seeding within 60 days after backfilling.

7. Remove steel plates within three days after placement on roadways with a posted speed limit of 35 mph or higher. Remove steel plates within 20 days for any other roadway unless such steel plates are installed flush with the top of the surrounding asphalt.

D. Any permit holder that has been determined by the Town Engineer to have shown a lack of diligence, as set forth in subsection (C) of this section, shall be in violation of this code and shall be subject to the penalties set forth in Section 1-8-3. (2021-29, Amended, 09/21/2021; 21-14, Amended, 09/21/2021; 13-02, Amended, 04/18/2013)