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exercise its authority under this provision to in any way deter competition or discriminate against <br />any service provider. <br /> <br />D. Right-of-Way Permit Required <br />1. No ROW-user may excavate or'occupy any right-of-way or conduct any repair,. <br />construction, or reconstruction of facilities located within the right-of-way without first having <br />obtained the appropriate right-of-way permit. No person shall make or cause to be made, or help, <br />aid or assist another person make, any excavation on any public right-of-way, before a written <br />permit to make the excavation is issued by the director of public works after application is made <br />therefor. <br />2. No person owning or occupying any land abutting on a public right-of-way shall <br />construct, maintain, or permit in or on the portion of the public right-of-way to which such land <br />is adjacent, any fixed structure, material or object other than a U. S. Mail box without having <br />obtained the appropriate right-of-way permit. Owners of property fronting upon or adjoining any <br />public fight-of-way, at their own expense, may grade, construct or reconstruct the curbing, <br />roadway, paving or sidewalk paving of the fight-of-way only with the permission of and under <br />the supervision of the director of public works. All plans and specifications must be approved by <br />the director of public works. <br />3. No person shall construct, alter, or repair a building or facility or cause the same to be <br />done, or help, aid, or assist another person construct, alter or repair a building or facility upon <br />public right-of-way, before a written permit to do such work is issued by the director of public <br />works, after application is made therefor. <br />4. A right-of-way permit is required for emergency situations. If, due to an emergency, it is <br />necessary for the ROW-user to immediately perform work in the right-of-way, and it is <br />impractical for the ROW-user to first get the appropriate permit, the work may be performed, <br />and the required permit shall be obtained during the next business day. The ROW-user shall call <br />the Public Works Department and give notification of the emergency on the day it occurs, and on <br />the next business day after, the ROW-user shall apply for a fight-of-way permit (all applicable <br />fees applY) in order to continue working. <br /> <br />E. permit Applications <br />1. Application for a right-of-way permit shall be submitted to the director of public works <br />by the person who will do the work and/or excavation in the right-of-way. The director of public <br />works shall have the right to review and approve the location, design and nature of the <br />facility/project prior to installation and issuance of a permit. A ROW-user shall not construct or <br />reconstruct any of its facilities located upon, over, under or within the City fight-of-way without <br />first having submitted in writing a description of its planned improvement to the director of <br />public works and having received a permit for such improvement. The ROW-user shall <br />coordinate the placement of facilities in a manner that minimizes adverse impact on any public <br />improvement, as determined by the director of public works. The ROW-user's use of the right- . <br />of-way shall in all matters be subordinate to the City's use or occupation of the right-of-way. <br /> <br />2. Right-of-way applications shall contain and be considered complete only upon receipt of <br />the following: compliance with verification of registration; submission of a completed permit <br />application form, including all required attachments and drawings showing the location and area <br />of the proposed project and the location of all existing and proposed facilities at such locations, <br />and any other project information requested by the director of public works; a traffic control <br />plan; payment of all money due to the City for permit fees and costs, and for the current permit <br />and prior permit costs, and for any loss, damage or expense suffered by the City because of the <br />applicant's prior excavations of the right-of-way, or for any emergency actions taken by the City, <br />unless the payment of such money is in dispute and timely appealed as provided hereafter; and a <br /> 4 <br /> <br /> <br />