(A) Any violation of this chapter may be enforced though administrative citation, as an infraction or misdemeanor, or by any remedy available to the city under this code or under state law.
(1) Any fines shall be paid by the permittee prior to issuance of any additional permits for work in the City of Eureka.
(B) Suspension. Whenever the Engineer finds it necessary to suspend an encroachment permit to protect the public health or safety from imminent danger, the Engineer may immediately suspend any such permit pending a hearing for remedial action or revocation. The Engineer shall, within three working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within 15 days after service of such a written notice of suspension, file with the City Manager a written request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five working days of receipt of a request for hearing. If the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of the encroachment, he or she shall issue one or more of the following:
(1) An order to correct any particular noncompliance.
(2) A revocation of the encroachment permit.
(3) A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
(4) A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.
(C) The City Manager or his or her designee shall, within ten days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with § 39.01 of this Code.
(D) Revocation. The Engineer may recommend that the City Manager revoke a permit where he or she finds that:
(1) The permittee has violated any provision of this code or conditions of the permit;
(2) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter;
(3) The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the city's public right-of- way or increases the city's liability exposure;
(4) The encroachment is causing the city to incur substantial additional maintenance costs; or
(5) Material misrepresentations, omissions, or inaccuracies were made in the application for the permit.
(E) The Engineer shall give the permittee at least ten days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this Chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit.
(F) The City Manager or his or her designee shall, within ten days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with § 39.01 of this code.
(Ord. 887-C.S., passed 8-6-19)