Laserfiche WebLink
177 <br /> <br />expedient and appropriate. The person(s) identified by the director as the <br />responsible party shall compensate the City for any costs associated with <br />the administration, construction, consultants, equipment, notification, <br />remediation, repair, restoration, or any other actual costs incurred by the <br />City that were made necessary by reason of the repair or restoration <br />undertaken by the department. The director shall revoke the applicant's <br />permit and may only reissue the permit or any future permits after all <br />repair work done by the City has been reimbursed. The director's <br />determination as to the cost of the repair or restoration performed shall be <br />final. <br /> <br />(b) <br /> <br />Subject to the limitation set forth in section 33-32.14, repair or restoration <br />by the department in accordance with this section shall not relieve the <br />person(s) from liability for future pavement failures at the site of the repair <br />or restoration. <br /> <br />Section 33-32.11 Emergency Remediation by the Department. <br /> <br />(a) <br /> <br />If, in the judgement of the director, the site of an excavation is considered <br />hazardous or if it constitutes a public nuisance, public emergency, or other <br />imminent threat to the public health, safety, or welfare that requires <br />immediate action, the director may order the condition remedied by a <br />written, electronic, or facsimile communication to the person(s) <br />responsible, if any, for remedying the condition and shall designate such <br />person as the responsible party. <br /> <br />(b) <br /> <br />If the responsible party is inaccessible or fails, neglects, or refuses to take <br />immediate action to remedy the condition as specified in said <br />communication, the director may remedy the condition or cause the <br />condition to be remedied in such manner as the director deems expedient <br />and appropriate. The person(s) identified by the director as the <br />responsible party shall compensate the City for any reasonable costs <br />associated with the administration, construction, consultants, equipment, <br />inspection, notification, remediation, repair, restoration, or any other actual <br />costs incurred by the department that were made necessary by reason of <br />the emergency remediation undertaken by the department. The director <br />shall revoke the applicant's permit and may only reissue the permit or <br />future permits after all repair work done by the City has been reimbursed. <br />The director's determination as the cost of any remediation performed <br />shall be final. <br /> <br />(c) <br /> <br />Subject to the limitation set forth in section 33-32.14, remediation by the <br />department in accordance with this section shall not relieve the person(s) <br />from liability for future pavement failures at the site of the remediation. <br /> <br />Ordinance No. NS-2447 <br /> Page 7 of 12 <br /> <br /> <br />