§ 40-502. Authority, enforcement, and violations.

(a)

Director's authority.

(1)

The director is authorized to administer and enforce the provisions of this article and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards to aid in the administration and enforcement of this article that are not in conflict with this article, this Code, or state or federal law.

(2)

The director is authorized to determine compliance with permits or with this article.

(b)

Violations. Violations of this article shall be strict liability offenses. Except as otherwise prescribed by state law, neither an allegation nor evidence of a culpable mental state shall be required for proof of an offense under this article. The facilities owner, the facilities owner's agent, the permit holder, or the person installing facilities in the public right-of-way commits an offense if he:

(1)

Violates, allows a violation or causes a violation of any provision of this article;

(2)

Performs work, allows work or causes work to be performed that is not in accordance with the permit approved by the department; or

(3)

Fails to comply with a requirement or guideline issued pursuant to this article.

(c)

This article may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the city has for violation of this article.

(Ord. No. 2017-677 , § 2(Exh. A), 8-30-2017)