(A) The city may revoke any right-of-way permit, without fee refund, for a material breach of the terms and conditions of any statute, ordinance, rule or regulation or any condition of the permit. A material breach by the permittee shall include but not be limited to the following:
(1) The violation of any provision of the permit;
(2) An evasion or attempt to evade any provision of the permit, including inspection, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Failure to give notice of department inspector or standby;
(4) Any error of fact in the application for a permit;
(5) The failure to maintain the required bonds and/or insurance;
(6) The failure to complete the work in a timely manner; or
(7) Failure to complete work in accordance with the city's current specifications and design standards.
(8) Failure to correct a condition indicated on an order issued by the director or an inspector.
(B) If the Engineering Department determines that the permittee has committed a breach of a term of condition of any statute, ordinance, rule, regulation or any condition of the permit, the Engineering Department, in addition to any other legal or equitable remedies, may order the permittee to remedy such violation. The order shall state that continued violations may be cause for revocation of the permit.
(C) Within 24 hours of receiving notification of the breach, the permittee shall contact the director and at that time provide a plan, acceptable to the director, for its correction. The permittee's failure to contact the director or the permittee's failure to submit an acceptable plan or the permittee's failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit.
(D) Revocation of a permit shall constitute grounds for denial of another application of a permit for a period of one year from the date of revocation.
(E) If a permit is revoked, the permittee shall also 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. 2720, passed 2-28-2023)