The following procedures shall govern the denial or revocation of a right-of-way permit and an applicant’s remedies therefrom.
(A) Grounds for denial or revocation. A right-of-way permit may be revoked or denied if the permit holder:
(1) Is charged with and fails to contest or is conclusively determined to be in violation of, two or more provisions of this chapter in a 12-month period.
(2) Operates a business in a way that creates or constitutes a nuisance; and/or
(3) Fails to supply the information required on the city’s business license form or submits misleading or false information, or submitted misleading or false information on a previous application.
(B) Notification.
(1) If the city determines that grounds for revocation of a right-of-way permit exist, a notice of revocation will be issued in writing and delivered to the permit holder in a manner reasonably calculated to give notice, including delivery by United States first-class mail, postage prepaid to the address provided on the license application form.
(2) The revocation is effective 14 calendar days after issuance of the notice unless the licensee files a written appeal with the city, after which revocation would be effective if the licensee fails to appear at the appeal hearing.
(3) Denial of a right-of-way permit is effective upon issuance and may be appealed within 14 days of issuance.
(C) Appeal. In the event of a right-of-way permit revocation or denial, the following appeal procedures shall apply:
(1) The permitee or applicant shall initiate the appeal by filing a written notice appeal with the city manager no later than 14 calendar days after issuance of the notice of revocation or denial.
(2) Upon filing of an appeal, the city manager will schedule a public hearing before the City Council to decide the appeal.
(3) The City Council has the authority to administer oaths, take the testimony of witnesses and prescribe procedures for conducting a hearing in general conformity with O.R.S. Chapter 183.
(4) The appealing party or any other person the City Council deems to have relevant evidence concerning the existence of grounds for revocation will be allowed to present testimony and documentary evidence at the hearing.
(5) After considering the arguments and evidence, the City Council will determine whether the right-of-way permit should be revoked or denied, as applicable. The City Council’s decision is the city’s final decision in the matter.
(Ord. 2016-08-01, passed 9-13-2016)