Richmond Municipal Code Part 6 Violations, Revocations, Other Penalties, and Appeals

Any violation of this chapter may be enforced as an infraction, misdemeanor, or by any remedy available to City under this Code or state or federal law(s). These provisions are equally applicable to enforcement action(s), including of permits and encroachment agreements. Potential enforcement measures include but are not limited to:

(a) Fine. Whenever a City Inspector finds that anyone or any entity subject to this chapter is placing, or has placed, an encroachment in the ROW without the appropriate permit, the City Inspector will require (1) stop work, if construction is ongoing; (2) application for a permit; and (3) payment of permit fee and a fine equal to same;

(b) Violations and Penalties.

(1) Working without a permit may result in an administrative citation, a stop work order, and a mandate to apply and pay for the required permit.

(2) The following violations may result in an administrative citation:

(A) General.

(i) Failure to abide by the requirements of Chapter 12.30.

(ii) Violation of any permit condition(s).

(iii) Failure apply for and obtain a permit.

(iv) Failure to maintain a permit on-site.

(v) Improper public notice.

(B) Excavation (streets and paving).

(i) Failure to hold a pre-construction meeting in advance of a "major project."

(ii) Improper site protection (e.g., improper plating, path of travel, barricading, etc.)

(iii) Improper trench trimming.

(iv) Trenches left open after allowed work hours when not backfilled and covered.

(v) Failure to comply with trench restoration requirements.

(vi) Improper housekeeping (e.g., failure to remove spoil, dirty site, no sweeping, etc.).

(vii) Failure to provide notice will result in an administrative citation and a stop work order.

(viii) Any other excavation code violations.

(c) Suspension. When City Engineer finds that protection of public health or safety from imminent danger necessitates suspension of encroachment permit, City Engineer may suspend the permit immediately, pending a hearing for remedial action or suspension.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) Within three working days of the emergency suspension or revocation, City Engineer will give permittee written notice of same. Notice shall be delivered to permittee's last known address by personal service or by first-class mail, postage prepaid.

(b) Within 15 days following service of written notice for either suspension or revocation, permittee may file a request for hearing with the City Manager. City Manager shall schedule a hearing on the suspension or revocation within five working days of receipt of a request for hearing.

(c) After the hearing, if City Manager finds that public health or safety requires correction or alteration of any condition caused by, or existing on the site of, the encroachment, City Manager shall issue one or more of the following:

(1) Order to correct any noncompliance;

(2) Revocation of the encroachment permit;

(3) Continued suspension of the encroachment permit, until such time as the dangerous condition is corrected;

(4) Modification or reinstatement of the encroachment permit, with necessary conditions to prevent public harm.

(d) City Manager, within ten days after the close of the hearing, shall render a written opinion, stating the findings upon which the decision is based, and the action taken. City Manager's decision may be appealed to the City Council by filing a written appeal with the City Clerk within ten business days of the date notice of the decision is mailed to the permittee.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

City Engineer may recommend that City Manager revoke a permit or encroachment agreement when:

(1) Permittee has violated any provision of this Code or any permit condition; or

(2) Permittee fails to pay any required fees or to post or maintain any bond or insurance this chapter requires; or

(3) Encroachment for which the permit was granted adversely affects safety, capacity or integrity of City's ROW or increases City's liability exposure; or

(4) Encroachment causes City to incur substantial additional maintenance costs; or

(5) Permit application contained material misrepresentations, omissions, or inaccuracies.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) Decisions on permits and encroachment agreements.

(1) Denial. City Engineer shall put their decision to grant or to deny a permit in writing and deliver it to applicant within five calendar days following the decision. Notice of a decision to deny the permit shall enumerate the reason(s) for denial.

(2) Approval. City shall post a notice of decision to approve a permit at its engineering services' public counter beginning on the date of the decision. The approval notice shall be posted at the site of the encroachment for no fewer than ten calendar days beginning within five calendar days from the date of City Engineer's the decision. This cumulative period of ten days shall be known as the "appeal period."

(b) Appeal period. No permit shall be issued until after the ten-day appeal period expires. If City does not receive a timely filed appeal, it may issue the permit after the appeal period expires. If City receives a timely filed appeal, it shall not issue a permit until the appeal's final resolution.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)

(a) Any person aggrieved by City Engineer's decision may appeal by submitting a written appeal to City Clerk within 15 days of the date of the decision. Appeal fee shall be remitted as listed in the City's Master Fee Schedule at the time of appeal submission.

(b) City Council shall hold a hearing on the appeal at a regularly scheduled meeting not fewer than 14 days and not greater than 45 days after City receives the appeal. City shall provide appellant at least ten days' written notice of the hearing's date and time. City Council's decision on the appeal shall be final and binding.

(Ord. No. 09-22 N.S., § 1, 6-28-2022)