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(a) In addition to the suspension or revocation of a license available to the City under TMC 12.45.120, it shall be unlawful for any person or contractor licensed by the City, its employee, agent or subcontractor to cause, permit or allow the following:

(1) Fail to obtain the proper permit;

(2) Fail to complete all work within the specified permit limits;

(3) Fail to restore the right-of-way or easement to the same condition that existed prior to commencement of the work authorized by the permit;

(4) Fail to establish traffic control in accordance with the Manual of Uniform Traffic Control, current City-approved edition, or such other rules, regulations, or restrictions promulgated by the City Engineer;

(5) Fail to notify the City of Topeka, Engineering Division construction management, of the commencement of work authorized by the permit;

(6) Fail to execute work in accordance with the City of Topeka Standard Technical Specifications and Detail Drawings, latest edition;

(7) To remove or interfere with any traffic control device in the right-of-way;

(8) To cut, damage or break any curb, gutter or sidewalk unless authorized under a permit issued by the City;

(9) To interfere with traffic in violation of TMC 12.45.080;

(10) To hinder or obstruct the repair or construction of any public improvement or other work in the City’s right-of-way pursuant to any permit issued under this article; or

(11) Fail to remove an existing obsolete driveway approach.

(b) Any person violating this section may be punished by:

(1) A fine of not more than $499.00;

(2) Imprisonment in jail for not more than 179 days; or

(3) Both such fine and imprisonment not to exceed the limits set out in subsections (b)(1) and (b)(2) of this section.

(c) Provided, however, contractors holding a valid license with the City shall be given notice of a violation with opportunity to cure in accordance with the provisions of TMC 12.45.120(b) prior to prosecution under this section.

(d) Provided, however, entities holding a valid franchise agreement with the City shall be given notice of a violation and an opportunity to cure in accordance with the franchise agreement prior to prosecution under this section. (Ord. 19370 § 89, 3-23-10. Code 1995 § 130-163.)

Cross References:City Engineer, TMC 2.20.100.