(A) City right to revoke permit. The city may revoke or suspend a permit issued pursuant to this subchapter for one or more of the following reasons:
(1) Fraudulent, false, misrepresenting or materially incomplete statements in the permit application;
(2) Noncompliance with this subchapter;
(3) Permittee’s physical presence or presence of permittee’s facilities on, over, above, along, upon, under, across or within the rights-of-way presents a direct or imminent threat to the public health, safety, or welfare; or
(4) Permittee’s failure to construct the facilities substantially in accordance with the permit and approved plans.
(B) Notice of revocation or suspension. The city shall send written notice of its intent to revoke or suspend a permit issued pursuant to this subchapter stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this section.
(C) Permittee alternatives upon receipt of notice of revocation or suspension.
(1) Upon receipt of a written notice of revocation or suspension from the city, the permittee shall have the following options:
(a) Immediately provide the city with evidence that no cause exists for the revocation or suspension;
(b) Immediately correct, to the satisfaction of the city, the deficiencies stated in the written notice, providing written proof of such correction to the city within five working days after receipt of the written notice of revocation; or
(c) 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 city providing written proof of such removal to the city within ten days after receipt of the written notice of revocation.
(2) The city 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 city may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within division (A) above.
(E) Failure or refusal of the permittee to comply.
(1) If the permittee fails to comply with the provisions of division (C) above, the city or its designee may, at the option of the city:
(a) Correct the deficiencies;
(b) Upon not less than 20 days’ notice to the permittee, remove the subject facilities or equipment; or
(c) After not less than 30 days’ notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the city.
(2) The permittee shall be liable in all events to the city for all costs of removal.
(Prior Code, § 37-100) (Ord. 07-37, passed 10-15-2007)