Ord 2011-024 - Laserfiche WebLink

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(a) An offense under this article is a Class C misdemeanor and, any person upon conviction thereof, shall be subject to a fine as provided in Section 1.015 of the San Marcos Code. However, an offense under this article that breaches or endangers the integrity of a water line, waste water line, or other public utility is a threat to public health and sanitation and is punishable by a fine not to exceed the fine provided for in the San Marcos Code Section 1.015(a). (c) A culpable mental state is not required for commission of an offense under this article. (d) Each and every day or portion thereof that such violation shall continue shall be deemed to constitute a separate offense. (e) In addition to the penalties prescribed in Chapter 1, Section 1.015: (1) Any Person holding a public right -of -way construction permit who violates this article is subiect to revocation of the permit which is being violated; and (2) Any Person violating this article is liable to the City for any expense, loss or damage resulting from the violation. Sec. 74.154. - Permit. Lal Any person desiring to carry on construction within a public right -of -way shall apply to the Director for a permit to carry on construction. The permit shall be termed a "public right -of- way construction permit." (1) The Director shall promulgate forms, policies and procedures to facilitate the applications, including but not limited to requirements for plans and specifications to govern construction, a copy of which forms, policies and procedures as well as any and all amendments thereto are on file in the office of the city clerk. (2) The Director shall promulgate design and materials standards for the placement or replacement of any pavements, curbs, gutters, sidewalks, inlets, water lines, wastewater lines or any other public facility which may be included in or disturbed by any construction, a copy of which standards as well as any and all amendments thereto are on file in the office of the city clerk. lerk. (b) Exceptions: Emergency operations. Any ROW User may begin emergency operations without a permit; provided however, that the ROW User shall follow the procedures in subsection (g) of this section. City maintenance activities, construction or other activity_ performed by the City's own forces performed in the Public Right -of -Way. ( (3) Permits issued under Chapter 74, Article 5 — Standards for Public Right -of -Way Access, as amended