§ 722-7. Administrative Orders.

In addition to or in lieu of any other remedies provided by law, if a person violates any of the provisions of this chapter, or fails to take the corrective action set out in a notice provided for in CMC Section 722-5(a) by the date provided in the notice, the director, or the director's designee, may issue an administrative order or orders containing any of the following measures:

(a)

Notice of violation and remedial action related to the violation, including an order requiring provider to submit a remedial action plan to the city to bring about compliance with this chapter;

(b)

Issuance of a Notice of Civil Offense and Civil Fine against the permittee for committing a Class D civil offense;

(c)

An order that provider reimburse delay costs incurred by the city as a result of provider failure to comply with CMC Section 722-5. Upon incurring delay costs, the director may order provider to reimburse the city for such costs if the following conditions are met:

(i)

The director or director's designee gave notice of the public improvement project to provider consistently with CMC Section 722-5(a)(i)—(iv);

(ii)

For delay caused by conflicts with provider's facilities occurring after the start of construction, the city and/or contractor notified provider of potential liability for delay costs promptly after discovering the conflict;

(iii)

For delay caused by provider's failure to meet the final schedule developed pursuant to 722-5(a), the city and/or contractor notified provider of potential liability for delay costs promptly after discovering that provider would not meet the required schedule;

(iv)

Provider shall not be responsible for reimbursement of any portion of delay costs that were caused solely by matters outside of provider's control. Provider ignorance of the location of its own facilities (vertical and horizontal location) is no defense against responsibility for reimbursement of delay costs.

(d)

An order that provider reimburse the city for costs of relocation work performed by the director or director's agent pursuant to CMC Section 722-5(a)(iv). Upon incurring costs under CMC Section 722-5(a)(iv), the director may order provider to reimburse the city for such costs if the following conditions are met:

(i)

The director provided notice of the public improvement project to provider consistently with CMC Section 722-5(a)(i)-(iv);

(ii)

The city and/or contractor notified provider of the facility conflict and gave provider a reasonable amount of time to commence the relocation work prior to city remedial action; and

(iii)

Prior to initiating city relocation work, the director notified provider in writing that failure to commence and diligently pursue the required relocation work as required by the director would result in the city taking steps to relocate provider's facilities in order to remedy provider's noncompliance with CMC Section 722-5(a)(iv).

(Ordained by Emer. Ord. No. 042-2014, § 24, eff. March 19, 2014)