(A) City right to revoke or suspend a permit. The city may revoke or suspend a permit issued pursuant to this chapter for one or more of the following reasons:
(1) Fraudulent, false, misrepresenting or materially incomplete statements in the permit application;
(2) Non-compliance with this chapter;
(3) The permittee’s physical presence or presence of the permittee’s facilities on, over, above, along, upon, under, across or within a right-of-way presents a direct or imminent threat to the public health, safety or welfare; or
(4) The permittee’s failure to construct the facilities substantially in accordance with the permit and approved plans.
(B) Notice of revocation or suspension. The city shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to the permittee under this section.
(C) The permittee’s alternatives upon receipt of notice of revocation or suspension. Upon receipt of a written notice of revocation or suspension from the chapter, the permittee shall have the following options:
(1) Immediately providing the city with evidence that no cause exists for the revocation or suspension;
(2) Immediately correcting, to the satisfaction of the city, the deficiencies stated in the written notice, providing written proof of such correction to the city within five working days after receipt of the written notice of revocation; or
(3) Immediately removing the facilities located on, over, above, along, upon, under, across or within the rights-of-way and restoring the rights-of-way to the satisfaction of the city, providing written proof of such removal to the city within ten calendar days after receipt of the written notice of revocation.
The city may, in its discretion and for good cause shown, extend the time periods provided in this division (C).
(D) Stop work order. In addition to the issuance of a notice of revocation or suspension, the city may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within division (A) of this section.
(E) Failure or refusal of the permittee to comply. If the permittee fails to comply with the provisions of division (C) of this section, the city or its designee may, at the option of the city: (1) correct the deficiencies; (2) upon not less than 20 calendar days’ notice to the permittee, remove the subject facilities or equipment; or (3) after not less than 30 calendar days’ notice to the permittee of the failure to cure the non-compliance, deem the rights-of-way abandoned and property of the city. The permittee shall be liable in all events to the city for all costs of removal.
(Ord. 19-21, passed 8-13-2019)