A. Substantial Breach: The City reserves its right, as provided herein, to revoke any right-of-way permit, without a fee refund, 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, including a threat to the safety of workers, right-of-way users or utility users. 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 or this Code;
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 maintain the required security and/or insurance;
5. The failure to complete the work within the time specified in the permit; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control;
6. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to section 7-15-19 of this chapter; or
7. The failure of the utility to pay any required costs, fees, or charges billed by the City.
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 such violation. The demand shall state that continued violations may be cause for revocation of the permit. 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: Within five (5) calendar days of receiving a written notification of the breach from the City, the permittee shall provide the City with a plan acceptable to the City that will cure the breach. The permittee's failure to so contact the City, or the permittee's failure to submit an acceptable plan, or the permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
D. Revocation: Revocation of a right-of-way permit or small wireless facility permit shall be made in writing within three (3) business days of the decision to revoke the permit and shall document the basis for the revocation.
E. Reimbursement Of Management Costs: If a permit is revoked, the permittee shall reimburse the City for the City's reasonable costs, including restoration costs and legal fees, incurred in connection with the revocation.
F. Revoked Permit: If the City revokes a permittee's permit for breach of this chapter, the permittee will not be allowed to excavate, obstruct, or collocate within the City right-of-way until the breach situation is corrected to the satisfaction of the City and the permit is reissued. (Ord. 990, 12-4-2017)