(A) Permittees hold permits issued pursuant to the Codified Ordinances as a privilege and not as a right. The city reserves the right, as provided herein, to revoke any permit, without refunding any fees, in the event of a substantial breach of the terms and conditions of any law, ordinance, rule or regulation, or design guidelines where applicable, or any provision or condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following:
(1) The violation of any provision or condition of the permit;
(2) An evasion or attempt to evade any provision or condition of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for a permit;
(4) The failure to obtain and/or maintain required Construction or Removal Bonds and/or insurance;
(5) The failure to obtain and/or maintain, when required, a Certificate of Registration;
(6) The failure to complete construction in a timely manner; or
(7) The failure to correct any nonconformity as ordered pursuant to § 52.167(D).
(B) If the Public Works Director determines that the permittee has committed a substantial breach of a term or condition of any law or any provision or condition of the permit, the Public Works Director shall serve 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. Upon a substantial breach, as stated above, the Public Works Director, may place additional or revised conditions on the permit.
(C) By the close of the next business day following receipt of notification of the breach, permittee shall contact the Public Works Director with a plan, acceptable to the Public Works Director, for its correction. Permittee's failure to so contact the Public Works Director, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
(D) From time to time, the Public Works Director may establish a list of standard conditions for the permit. A substantial breach of any condition shall also constitute an unauthorized use of the public rights-of-way as defined in § 52.110.
(E) If a permittee, commits a second substantial breach as outlined above, permittee's permit will automatically be revoked and not be allowed further permits for one full year, except for emergency repairs.
(F) 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. 24-2004, passed 12-20-04; Am. Ord. 03-2019, passed 1-22-19)