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<br />Strikethroughs to be removed <br />Underlines to be added <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Ordinance 23 - ____ <br /> <br />An Ordinance Amending Chapter, Section 66-62, Streets, Sidewalks and Other <br />Public Places – Right-of-Way Delay Penalty of the City of Elk River, Minnesota, City <br />Code <br /> <br />The City Council of the City of Elk River does hereby ordain as follows: <br /> <br />SECTION 1. That § 66-62, Delay Penalty of the City of Elk River Code of Ordinances shall be <br />amended to read as follows: <br /> <br />In accordance with Minnesota Rules 7819.1000, subp. 3, and notwithstanding any provision of <br />this article, the city establishes a delay penalty for unreasonable delays in right-of-way excavation, <br />obstruction, patching, or restoration. A person shall be subject to a fee or penalty for violation of <br />this ordinance when an obstruction of the right-of-way exists beyond the date specified in the <br />permit, is performing non-emergency work in the right-of-way without having been issued a permit <br />or when a person causes the city to incur costs as a result of actions or inactions of a person. <br />A delay penalty will not be imposed in the discretion of the director for delays due to force <br />majeure, including inclement weather, civil strife, acts of God, or other circumstances beyond the <br />control of the permit holder. <br />The delay penalty for violation of this ordinance may be levied daily for as long as the violation <br />occurs. The amount of the delay penalty will be determined by the applicability of each specified <br />circumstance, which reflect unnecessary inconvenience and hazard exposure to the public: <br />Traffic Control. The permit holder shall, within 1 calendar day of completion of work, retrieve <br />all traffic control associated with the permit. Failure to remove any traffic control devices <br />from right-of-way shall result in a monetary penalty of $100 per day, up to seven days. If any <br />obstruction remains in right-of-way after seven days, city staff will remove the hazards and <br />notify the permit holder of their new location. <br />Collection. The permit holder will incur a fee for all staff and equipment hours utilized to <br />retrieve the hazards, calculated at a rate consistent with the most recent city fee schedule. <br />Storage. The permit holder will incur a fee of $100 per day for any hazards stored in city <br />facilities. <br />Restoration. The permit holder shall, within 1 calendar day of completion of work, perform <br />any necessary patching or restoration work as specified within the permit. Failure to correct <br />any damaged infrastructure within the right-of-way shall result in a monetary penalty of $200 <br />per day, up to three days. If after three days the hazard still exists, the city shall initiate <br />Last Updated January 2023 <br /> <br />