(A) Village right to revoke permit. The village may revoke or suspend a permit issued 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;
(3) The permittee’s physical presence or presence of the permittee’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; or
(4) The permittee’s failure to construct the facilities substantially in accordance with the permit and approved plans.
(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 permittee’s under this § 49.11 of this chapter.
(C) The permittee alternatives upon receipt of notice of revocation or suspension.
(1) Upon receipt of a written notice of revocation or suspension from the village, the permittee shall have the following options:
(a) Immediately provide the village with evidence that no cause exists for the revocation or suspension;
(b) 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
(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 village providing written proof of such removal to the village within ten days after receipt of the written notice of revocation.
(2) The village may, in its discretion, for good cause shown, extend the time periods provided in this section.
(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) 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 village or its designee may, at the option of the village:
(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 non-compliance, deem them abandoned and property of the village.
(2) The permittee shall be liable in all events to the village for all costs of removal.
(Ord. 07-O-31, passed 10-25-2007)