(A) The Director may refuse to issue a permit if:
(1) The public service provider does not have a valid registration on file with the city;
(2) The proposed construction will substantially interfere with vehicles or pedestrians and no procedures, or procedures inconsistent with this chapter, have been identified to minimize the interference;
(3) The proposed construction will interfere with existing or proposed facilities of the city, or existing facilities already in the public right-of-way pursuant to a valid franchise;
(4) The proposed construction, incidental traffic control, or other permitted activity, or the manner in which it is to be performed, will violate a city ordinance or regulation or a state or federal statute or regulation; or
(5) The permittee:
(a) Fails to furnish all the information required by this chapter;
(b) Knowingly or intentionally furnishes false or incorrect information to the Director;
(c) Fails, except for good cause shown, to file the application on the approved form within the time limits prescribed by the Public Right-of-Way Permitting and Construction Manual;
(d) Has violated a provision of this chapter twice within the two-year period immediately preceding the date of application and has failed to correct the violations;
(e) Is an independent contractor of a public service provider who has been convicted of a violation of this chapter in the year preceding the application;
(f) Is not in compliance with applicable requirements of an existing permit issued under this chapter; or
(g) Has failed to reimburse the city for any costs owed pursuant to this chapter.
(B) The Director may suspend construction or revoke an issued permit on the same grounds for which a permit may be denied under division (A) above or if the permittee:
(1) Commences or performs construction in violation of an applicable requirement of this chapter or the permit;
(2) Creates or is likely to create a public health or safety hazard by performance of the construction in question;
(3) Fails to comply with an order or regulation of the Director that is applicable to the construction;
(4) Fails to comply with the restrictions or requirements of other city ordinances or state or federal laws or regulations applicable to the construction;
(5) Commences or performs work without having prior knowledge and understanding of the applicable repair standards as specified in the Public Right-of-Way Permitting and Construction Manual;
(6) Fails to comply with the requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices; or
(7) Fails to properly implement a stormwater pollution prevention plan.
(C) The Director shall provide immediate verbal notice of a suspension or revocation to the permittee and forward written notice of a suspension or revocation within two business days of the verbal notice. Construction that is suspended may not resume until the Director determines that the permittee has corrected the violation, noncompliance, or hazard that caused the suspension. The Director may reinstate a permit that has been revoked if the Director determines that:
(1) The permittee has corrected the violation, noncompliance, or hazard that caused the revocation; and
(2) The health or safety of the public is not jeopardized by reinstating the permit.
(D) If the Director denies or revokes a construction permit, the city shall give notice by personal service or by certified mail, return receipt requested, to the applicant or permittee. The applicant or permittee may appeal the decision to deny or revoke by filing written notice with the City Manager, within five days after receipt of notice. The City Manager shall mail or cause to be personally delivered, written notice of the time and place of the hearing to the person appealing. The notice shall be mailed to the address specified in the notice of appeal form. The City Manager shall conduct a hearing and shall make a decision on the basis of a preponderance of the evidence presented at the hearing. The City Manager shall notify the applicant or permittee by personal service or by mail.
(E) The applicant or permittee may appeal the decision of the City Manager to deny or revoke a permit by filing written notice with the City Secretary for consideration of the City Council, within five days after receipt of notice of the City Manager's decision. The City Secretary shall mail notice of the time and place of the hearing to the appellant at the address shown on the appeal form. The City Council shall conduct a hearing and shall make a decision on the basis of a preponderance of the evidence presented at the hearing. The decision of the City Council shall be final.
(Ord. 06-2006-46, passed 6-13-06)