(a) Permittees hold permits issued pursuant to this chapter as a privilege and not as a right. In addition to any other rights set out in this chapter, the City reserves the right to revoke, in accordance with the procedures set forth in subsection (b) hereof, any permit in the event such right-of-way permit holder violates the terms and conditions of any law, ordinance, rule or regulations, or design guidelines, where applicable, or any provision or condition of the permit, including, but not limited to the following:
(1) Any misrepresentation of fact in the application for the permit;
(2) The failure to maintain the required bonds and/ or insurance;
(3) The failure to complete construction in a timely manner; or
(4) The failure to correct a condition of an order issued.
(b) The City Service Director shall give the permittee thirty days' prior written notice of his/her intent to revoke or place additional or revised conditions on said permittee's permit. Such notice shall state the reasons for such action. If the permittee cures the violation or other cause within the thirty-day notice period, or if the permittee initiates efforts satisfactory to the City Service Director to remedy the stated violation, the City Service Director may rescind said notice. If the permittee does not cure the stated violation or other cause or undertake effort satisfactory to the City Service Director to remedy the stated violation, the City Service Director may recommend said permit be revoked or revised. After granting the permittee an opportunity to be heard in person or in writing, Council/ its designee may revoke the permit. Unless otherwise required by law, the decision of the City Council/designee shall be final.
(c) If a permittee commits a second violation as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for up to and including one full year form the date that the permit was revoked, except for emergency repairs.
(d) Unless otherwise directed by the City Service Director, if a permit is revoked, all facilities located in the rights-of-way pursuant to such permit shall be removed at the sole expense of the permittee. In addition, the permittee shall reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation.
(Ord. 77-99. Passed 1-11-2000; Ord. 43-19. Passed 1-26-21.)