(a) In addition to any other rights set out in this chapter, the City shall have the right to revoke any right-of-way permit in the event such permittee violates any material provision of this chapter or its right-of-way permit.
(b) The Director of Public Service or his/her designee shall give a permittee thirty days prior written notice of an intent to revoke said permittee's right-of-way permit. Such notice shall state the reasons for such action. If the permittee cures the violation or other cause within the thirty day notice period, or if the permittee initiates efforts satisfactory to the Director of Public Service or his/her designee to remedy the stated violation, the Director of Public Service or his/her designee may rescind said notice of revocation. If the permittee does not cure the stated violation or other cause or undertake efforts satisfactory to the Director of Public Service or his/her designee to remedy the stated violation, the Director of Public Service or his/her designee may revoke the permit.
(c) Any permittee may appeal the revocation of a permit of the Director of Public Service or his/her designee to grant a right-of-way permit to the Fairlawn Environmental Services Commission under Section 1026.04(e). In order to perfect such appeal, the applicant shall file, within ten days of the Director of Public Service or his/her designee's determination, an appeal to the Environmental Services Commission. The Environmental Services Commission shall then review the matter and render a final determination after affording the applicant an opportunity to be heard either in person or in writing. Except to the extent otherwise applicable by law, the Environmental Services Commission's decision shall be final.
(d) Unless otherwise permitted by the Director of Public Service or his/her designee, if a right-of-way permit is revoked, all facilities located in the rights-of-way or located upon public property pursuant to such permit shall be removed at the sole expense of the permittee.
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)