(A) Substantial breach. The city reserves its right to revoke any right-of-way permit without refunding the fees, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by the 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 § 96.38.
(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, ordinance, rule, regulation or any condition of the permit, the city shall make a written demand upon the permittee to remedy that violation.
(1) The demand shall state that continued violations may be cause for revocation of the permit.
(2) A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach.
(C) Response to notice of breach.
(1) Within 24 hours of receiving notification of the breach, the permittee shall provide to the city a plan, acceptable to the city, that will cure the breach.
(2) The permittee’s failure to so contact the city, or the permittee’s failure to timely submit an acceptable plan, or the permittee’s failure to reasonably implement the approved plan:
(a) Shall be cause for immediate revocation of the permit; and
(b) Shall automatically place the permittee on probation for 1 full year.
(D) Cause for probation. From time to time, the city may establish a list of conditions of the permit that, if breached, will automatically place the permittee on probation for 1 full year. Those conditions may include, but are not limited to, working out of the allotted time period or working on right-of-way outside of the permit authorization.
(E) Automatic revocation. If while on probation a permittee commits a breach as outlined above:
(1) The permittee’s permit will automatically be revoked; and
(2) The permittee will not be allowed further permits for 1 full year, except for emergency repairs.
(F) 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.
(Am. Ord. 85, 6th Series, passed 3-3-2015)