1. Permittees hold right-of-way permits as a privilege and not as a right. The City reserves the right, as provided in this section and upon proper notice, to revoke any right-of-way permit, without fee refund, for a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation or any condition of the permit. A substantial breach by the permittee shall include but shall not be limited to the following:
A. The violation of any material provision of the right-of-way permit;
B. 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;
C. Any material misrepresentation of fact in the application for a right-of-way permit;
D. The failure to maintain the required bonds and/or insurance;
E. The failure to complete the work in a timely manner; or
F. The failure to correct a condition indicated on an order issued pursuant to Section 141.32 of this chapter.
2. If the Building Inspector determines that the permittee has committed a substantial breach of a term of condition of any statute, ordinance, rule, regulation, or any condition of the permit, the Building Inspector shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach, as stated in this subsection, will allow the Building Inspector, at his or her discretion, to place additional or revised conditions on the permit.
3. Within 24 hours of receiving notification of the breach, the permittee shall contact the Building Inspector with a plan, acceptable to the Building Inspector, for its correction. The permittee’s failure to so contact the Building Inspector 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. Further, the permittee’s failure to so contact the Building Inspector or the permittee’s failure to submit an acceptable plan or permittee’s failure to implement the approved plan shall automatically place the permittee on probation for one full year. From time to time, the Building Inspector may establish a list of permit conditions which, if breached, will automatically place the permittee on probation for one full year, such as (but not limited to) working out of the allotted time period or working on right-of-way grossly outside of the permit.
4. If a permittee, while on probation, commits a breach as outlined in this section, the permittee’s permit will automatically be revoked, and the permittee will not be allowed further permits for one full year, except for emergency repairs.
5. 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.