A. Substantial Breach: The City reserves its right as provided herein to revoke any right-of-way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following:
1. The violation of any material provision of the right-of-way permit, small wireless facility permit; or
2. An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; or
3. Any material misrepresentation of fact in the application for a right-of-way permit, small wireless facility permit application; or
4. The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or
5. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued by the City.
B. Written Notice Of Breach: If the Director determines that the permit holder has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any condition of the right-of-way permit or small wireless facility permit, the Director may notify the permit holder of the breach in writing and demand that the permit holder remedy the violation. The notice and demand shall inform the permit holder that continued violations may result in revocation of the right- of-way permit or small wireless facility permit. In the notice and demand, the Director may also impose additional or revised conditions on the right-of-way permit or small wireless facility permit to mitigate and remedy the breach.
C. Response To Notice Of Breach: Within twenty four (24) hours of receiving notification of the breach, permittee shall provide the City with a plan, acceptable to the City that will cure the breach. Permittee's failure to so contact the City, or permittee's failure to timely submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, permittee's failure to so contact the City, or permittee's failure to submit an acceptable plan, or permittee's failure to implement the approved plan, shall automatically place the permittee on probation for one full year.
D. Cause For Probation: From time to time, the City may establish a list of conditions of the permit, which if breached will automatically place the permittee on probation for one full year, such as, but not limited to, working out of the allotted time period or working on right-of-way grossly outside of the permit authorization.
E. Automatic Revocation: If a permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs.
F. Reimbursement Of City Costs: Upon revocation of a right-of-way permit or small wireless facility permit, the permit holder shall reimburse the City for its reasonable costs incurred because of the revocation, including but not limited to restoration costs, collection costs, and attorney fees.
G. Exemptions: The following persons are exempt from the requirements of this section:
1. City employees acting within the course and scope of their employment and contractors acting within the course and scope of a contract with the City;
2. Persons who install mailboxes in the public right-of-way in accordance with requirements of the U.S. Postal Service;
3. Persons who temporarily place residential household refuse containers in the public right-of-way for the collection of solid waste or recyclables in accordance with the provisions of this Code. (Ord. 2019-003, 3-19-2019)