(A) (1) The city may deny a permit for failure to meet the requirements and conditions of this chapter, or if the city determines that the denial is necessary to protect the health, safety, and welfare, or when necessary to protect the right-of-way and its current use.
(2) The Planner may deny a permit based on any of the following grounds:
(a) Failure to register pursuant to § 71.03;
(b) The applicant is subject to revocation of a prior permit issued pursuant to this chapter;
(c) The proposed schedule for work would conflict or interfere with an exhibition, celebration, festival, or any other similar event;
(d) The proposed schedule conflicts with scheduled, or total or partial, reconstruction of the right-of-way;
(e) The applicant fails to comply with the requirements of this chapter or other provisions of this ordinance;
(f) The proposed excavation within a street or sidewalk surface has been constructed or reconstructed within the preceding five years, unless the Planner determines that no other locations are feasible or that an emergency exists necessitating the excavation;
(g) The Planner determines that the right-of-way would become unduly congested with the installation of the proposed facilities and equipment associated therewith;
(h) Adjacent or nearby business or residential uses would be unreasonably disrupted; and/or
(i) The Planner determines that denial is necessary to protect the health, safety, and welfare of the public, or protect the right-of-way and its current use.
(B) The denial or revocation of a permit must be made in writing, and must document the basis for the denial. The city must notify the applicant or right-of-way user, in writing, within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the city and resubmit his or her application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission.
(C) The Planner or designee may revoke a right-of-way permit without a fee refund if there is a substantial breach of the terms or conditions of any statute, this chapter, rule, or regulation, or any condition of the permit. A substantial breach of a permit holder shall include, but not be limited to, the following:
(1) The violation of any material provision of the permit;
(2) Any material misrepresentation of fact in the application for a permit;
(3) The failure to maintain the required bonds or other security and insurance;
(4) The failure to complete the work in a timely manner;
(5) The failure to correct, in a timely manner, work that does not conform to applicable standards, conditions, or codes upon inspection and notification by the city of the faulty condition;
(6) 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; and/or
(7) The failure to comply with the terms and conditions of any applicable federal, state, and local laws, rules, and regulations, including any provision of this chapter.
(D) If the Planner or designee determines that a permit holder has committed a substantial breach of a term or condition of any statute, this chapter, rule, or regulation, or any condition of the permit, the Planner shall make a written demand upon the permit holder to remedy the violation and provide proof thereof, within the period of time specified, or be subject to potential revocation of the permit. The Planner may impose additional or revised conditions on the permit to mitigate or remedy the breach.
(E) If a permit is revoked, the permit holder shall reimburse the city for its reasonable costs, including restoration costs and the costs of collection, and reasonable attorney fees incurred in connection with the revocation.
(Ord. 277, passed 11-13-2017)