(A) Village Right to Revoke Permit. The village may revoke, suspend a permit issued, or refuse to issue new permits pursuant to this chapter for one or more of the following reasons:
(1) Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
(2) Non-compliance with this chapter or other applicable village ordinances or regulations;
(3) Entity's physical presence or presence of entity's facilities on, over, above, along, upon, under, across, or within the public rights-of-way presents a direct or imminent threat to the public health, safety, or welfare;
(4) Entity's failure to construct the facilities in accordance with the permit and approved plans, or the provisions of this chapter;
(5) Entity's failure to pay fees as required under this chapter;
(6) Entity's failure to complete the work in a timely manner.
(B) Notice of Revocation or Suspension. The village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to entity under this § 56.12.
(C) Entity Alternatives Upon Receipt of Notice of Revocation or Suspension. Upon receipt of a written notice of revocation or suspension from the village, the entity shall have the following options:
(1) Immediately provide the village with evidence that no cause exists for the revocation or suspension;
(2) Immediately correct, to the satisfaction of the village, the deficiencies stated in the written notice, providing written proof of such correction to the village within five working days after receipt of the written notice of revocation; or
(3) Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights-of-way and restore the rights-of-way to the satisfaction of the village providing written proof of such removal to the village within ten days after receipt of the written notice of revocation.
The village may, in its discretion, for good cause shown, extend the time periods provided in this division (C).
(D) Stop Work Order. In addition to the issuance of a notice of revocation or suspension, the village may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within division (A) of this section.
(E) Failure or Refusal of the Entity to Comply. If the entity fails to comply with the provisions of division (C) of this section, the village or its designee may, at the option of the village: (1) correct the deficiencies; (2) upon not less than 20 days notice to the entity, remove the subject facilities or equipment; or (3) after not less than 30 days notice to the entity of failure to cure the non-compliance, deem them abandoned and property of the village. The entity shall be liable in all events to the village for all costs of removal.
(Ord. 1420-07, passed 12-18-07)