(A) Substantial breach. The city reserves its right to revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, chapter, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following:
(1) The violation of any material provision of the right-of-way permit;
(2) 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;
(3) Any material misrepresentation of fact in the application for a right-of-way permit;
(4) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee’s control; or
(5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to § 56.019(C)(2) of this subchapter.
(B) Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, chapter, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy the violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city to place additional or revised conditions on the permit to mitigate and remedy the breach.
(C) Response to notice of breach. Within a time established by the Superintendent of Streets following permittee’s receipt of notification of the breach, permittee shall provide the city with a plan to cure the breach, acceptable to the city. The permittee’s failure to submit a timely and acceptable plan, or permittee’s failure to timely implement the approved plan, shall be cause for immediate revocation of the permit. Further, the permittee’s failure to contact the city, or permittee’s failure to submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan, may result in probation for up to one full year.
(D) Cause for probation. The city may establish a list of conditions of the permit that if breached will be grounds to place the permittee on probation. The city shall not enforce a probation program unless and until it has established the conditions, which it may amend from time to time.
(E) Reimbursement of city costs. 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 the revocation.
(Ord. 235, passed 10-4-2000)