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Section 3. Amendment of Division 2 "Permit" of Article H, "Construction <br />Affecting Streets, Rights -of -Way or Easements". That Division 2, "Permit" of Article II, <br />"Construction Affecting Streets, Rights -of -Way or Easements" of Chapter 68, "Roadway and <br />Utility Construction" of the City Code of Ordinances, is hereby amended as follows <br />DIVISION 2. - PERMIT <br />Sec. 68-41. - Required. <br />(a) City engineering Hermits eonstfueAan permits are required for the <br />use of the City rights-of-way or easements for the construction, <br />installation, modification, replacement, or maintenance of any public or <br />private utility or any other facility approved by the Director of Public <br />Works, and all structures, driveways, culverts, pavement or objects in a <br />rights-of-way or easement, including those constructed and maintained by <br />the City. City engineering ^^„�-permits shall also be required for <br />construction, installation or modification of any of the improvements set <br />forth in Section 68-28 on private property. <br />(b) A permit from the county engineering department or state <br />department of transportation is required for the construction of accessways <br />to any county or state road, respectively. <br />Sec. 68-42. - Exemptions. <br />No permit shall be required under this Division for repairs of previously <br />permitted utilities in the rights-of-way, provided those repairs do not <br />require cutting of any pavement, including curbs, or functional alterations <br />to existing utility systems. The modification of previously permitted <br />wireless communication facilities. as defined in Section 68-153, shall be in <br />accordance with Section 2-7.36(E)(4)(a). Unified_ _Land Development <br />Regulations. <br />Sec. 68-43. - Penalty for failure to obtain permit. <br />Failure to obtain the permit required by this Division before actual <br />construction shall subject the responsible individual, or entity, to any or all <br />of the following penalties: <br />(1) Removal of a constructed facility, and restoration of the violated <br />area to its original condition within thirty -(3-0 1 days of written notice by <br />the City to remove the same, and in default of compliance with notice, <br />such facilities may be removed by order of the City's Public Works <br />Director and the cost of removal shall be borne and paid by the <br />responsible individual or entity. <br />(2) Payment for damages to City property and payment for all losses <br />sustained by the City as a result of such unpermitted construction activity. <br />Page 4 of 34 <br />