(A) The City Engineer may order the suspension of work under a Construction Permit and ultimately revoke any Construction Permit, without refunding any fees, in the event of a substantial breach of the terms and conditions of any applicable statute, ordinance, rule or regulation, or any condition of the Construction Permit that remains uncured following notice and reasonable opportunity to cure as provided below. The types of substantial breach by the registrant may include, but are not limited to:
(1) The violation of any material provision of the Construction Permit;
(2) An evasion or attempt to evade any material provision 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 process of registrant's request for a Construction Permit;
(4) The failure to maintain the required Construction Bond or insurance;
(5) The failure to properly restore the rights-of-way; or
(6) The failure to correct within the specified time an order issued by the Department Inspector.
(B) If the City Engineer determines that the registrant has committed a substantial breach of a term or condition of the Construction Permit, the City Engineer shall make a written demand upon the registrant to remedy such violation. The demand shall state that continued violations may be cause for revocation of the Construction Permit. Further, a substantial breach, as stated above, will allow the City Engineer, at his or her discretion, to place additional or revised conditions on the Construction Permit.
(C) Within five business days of receiving notification of the breach, the registrant shall contact the City Engineer with a plan, reasonably acceptable to the City Engineer and Utilities Department, for its correction. Registrant's failure to contact the City Engineer, to submit an acceptable plan, or failure to reasonably implement the approved plan, shall be cause for revocation of the Construction Permit. Further, registrant's failure to submit an acceptable plan, or registrant's failure to implement the approved plan, shall be cause for the registrant to be placed on probation for one full year.
(D) The City Engineer may establish a list of conditions of any Construction Permit which, if breached, will be cause for the registrant to be placed on probation for one full year, such as, but not limited to, working out of the allotted time period or working on rights-of-way significantly outside of the permit. These conditions shall be stated on the permit.
(E) If a registrant, while on probation, commits a breach as outlined above, the registrant's permit may be revoked and no other permits shall be issued for a one year period, except for emergency repairs and service requirements as mandated by state or federal regulations and unless otherwise determined by the City Engineer.
(F) If a Construction Permit is revoked, the registrant shall also reimburse the city for the city's reasonable costs, including restoration costs, the costs of collection and reasonable attorney's fees incurred in connection with such revocation.
(G) The Department Inspector may issue an immediate stop work order where the registrant's construction poses a serious threat to the health, safety or welfare of the public until such time as such serious threat has abated.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7-20)