Fremont Municipal Code Art. VII Enforcement and Appeals

In addition to all other rights and powers retained by the city, upon reasonable written notice and an opportunity to cure, as provided in Section 12.05.350, the city engineer shall have the right to revoke any encroachment permit granted hereunder and to terminate all rights and privileges of the encroachment permit hereunder in the event of any of the following:

(a) Violation of any material provision of this chapter or the encroachment permit.

(b) The failure to begin or complete construction as provided under the encroachment permit.

(c) Failure to pay any encroachment permit fee or other payment required by any encroachment permit granted pursuant to this chapter, to the city when due. (Ord. 14-2007 § 2, 5-8-07. 1990 Code § 6-1700.)

If the city engineer has determined that permittee has violated this chapter or that an excavation or other work in the PROW poses a hazardous situation or constitutes a public nuisance, public emergency, or other threat to public health, safety, or welfare, the city engineer is authorized to issue a stop work order, to impose new conditions upon a permit, or to suspend a permit by notifying permittee of such action in a written or electronic communication. Any work stopped shall not resume until authorized in writing by the city engineer. (Ord. 14-2007 § 2, 5-8-07. 1990 Code § 6-1701.)

(a) Not more than 14 days following receipt of written notice from the city engineer, or such period as may otherwise be provided in this chapter, permittee shall cure and correct any violation of this chapter. If permittee has commenced and is diligently pursuing the cure of the noticed violation and cannot cure and correct the noticed violation within the required time period, the city engineer may grant additional time as the city engineer determines is reasonably necessary for permittee to cure and correct.

(b) Failure by permittee to cure and correct violations of this chapter shall subject permittee to revocation or retention of security provided under Section 12.05.300 or permit termination or revocation pursuant to Section 12.05.330. (Ord. 14-2007 § 2, 5-8-07. 1990 Code § 6-1702.)

A permittee shall not be excused from complying with any of the requirements of this chapter, or any subsequently adopted amendments to this chapter, by any failure of the city on any one or more occasions to seek, or insist upon, compliance with such requirements or provisions. (Ord. 14-2007 § 2, 5-8-07. 1990 Code § 6-1703.)

(a) If permittee is aggrieved by a decision of the city engineer under this chapter, except as otherwise provided, permittee may appeal the decision in writing to the city manager by filing with the city clerk a statement addressed to the city manager setting forth the facts and circumstances regarding the city engineer’s decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by resolution of the city council. The city clerk shall provide written notification of the time and place set for hearing the appeal. The city manager, not less than 10 days from the date on which the appeal was filed with the city clerk, shall hear the appeal and all relevant evidence, and shall determine the merits of the appeal. The city manager may sustain, overrule or modify the action of the city engineer, and the decision of the city manager shall be final, except where further appeal to the city council is required by law. Such further appeals shall be governed by Chapter 1.25 (Appeals to Council). “City manager” means the city manager or his or her designee.

(b) The right to appeal to the city manager shall terminate upon the expiration of 10 days following personal delivery to permittee or the deposit of a letter in the United States mail advising permittee of the action of the city engineer and of the right to appeal such action to the city manager. (Ord. 14-2007 § 2, 5-8-07. 1990 Code § 6-1704.)

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As defined in Section 18.25.3225.