In some circumstances the City may take steps to revoke a permit granted for the installation of an SWF and to cause the removal or modification of such a facility.
A. Revocation: The City may revoke any permit granted for installation of an SWF under this chapter if it finds that:
1. The SWF was constructed without a permit or is in operation in violation of the terms of a required franchise agreement.
2. The SWF was constructed or installed at an unauthorized location.
3. There has been a misrepresentation in the application for the SWF.
4. There is a violation of the requirements of this chapter.
5. There is a violation of the terms of the permit.
6. There is a violation of the requirements of other departments of the City or of the terms of permits issued by other departments of the City related to the installation of the SWF.
7. There is a failure to pay fees and taxes as required under this chapter or a pertinent franchise agreement.
8. There is demonstrated insolvency or bankruptcy of the permittee.
9. Facilities, including any pole, in the public rights-of-way have been abandoned and have not been removed.
a. Abandonment may be presumed to have occurred if the use has been discontinued for a minimum of one year, or the structure remains vacant for a period of one year.
b. The provider may rebut the presumption of abandonment, and has the burden of establishing that any claimed abandonment has not occurred.
B. Notice: In the event that the City finds that there are grounds for revocation of a permit, the City shall give written notice of the apparent violation or noncompliance to the provider or owner of the facility, and provide a period not to exceed thirty (30) days in which the provider or owner of the facility may:
1. Show that corrective actions have been or are being actively pursued in order to remedy the violation or noncompliance.
2. Provide evidence rebutting the City's findings of noncompliance or violation.
C. City Action: In the event that an applicant holding a permit fails to show corrective actions or successfully rebut the City's findings of noncompliance or violation, the City may revoke the permit and take necessary actions to cause the removal of the SWF or related accessory equipment found to be in violation or noncompliant. When a permit has been revoked by the City under this subsection, it shall be considered an unauthorized facility.
D. Removal Of Unauthorized Facilities: Within forty five (45) days of written notice by the City, a provider or owner of an SWF which has not been authorized by permit or for which a permit has been revoked under this chapter shall, at its sole expense, remove any facilities from the public rights-of-way. If the facilities are not removed from the public rights-of-way within this time, the City may cause such removal and charge the provider or owner for the costs incurred. (Ord. 2018-16, 9-11-2018)