(A) Noncompliance. The city reserves the right, as provided in this section, to revoke any right-of-way permit, without a fee refund, if there is a failure on the part of the permit fee to comply with the terms and conditions of any applicable statute, ordinance, rule or regulation promulgated by federal, state or local governmental bodies or agencies, or a failure to comply with any material condition of the right-of-way permit issued by the city. The city may also revoke any right-of-way permit without a fee refund if the permitee:
(1) Evades or attempts to evade any material provision of the right-of-way permit or perpetrates or attempts to perpetrate any fraud or deceit upon the city;
(2) Makes any material misrepresentation of fact in the application for a right-of-way permit; or
(3) Fails to correct in a timely manner work that does not conform to a condition indicated in an order issued pursuant to § 92.097.
(B) Written notice of noncompliance. If the city determines that the permittee has failed to comply with the terms or conditions of any applicable statute, ordinance, rule or regulation or any provision set forth in the right-of-way permit, the city may send to the permittee by certified mail, return receipt requested, a written demand to remedy the noncompliance and may set forth a deadline for correcting the noncompliance. A written demand may also place additional or revised conditions on the permit to mitigate and remedy the noncompliance. If the permittee’s noncompliance results in an emergency situation as determined by the city in its uncontrolled discretion, the city may take whatever action is necessary to correct or control the emergency situation and charge back to the permittee all costs incurred by the city in addressing the emergency situation.
(C) Response to notice of noncompliance. Within 48 hours of receiving notification of noncompliance by the city, the permittee shall provide the city with a plan, acceptable to the city, that will cure the condition that the permittee has failed to comply with. 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, shall be cause for immediate revocation of the permit. Further, 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 automatically place the permittee on probation for one full year.
(D) Cause for probation. From time to time, the city may establish a list of conditions set forth in the permit. If the permitee fails to comply with any listed conditions, the city may automatically place the permittee on probation for one full year.
(E) Automatic revocation. If a permittee, while on probation, is found to be in noncompliance as set forth in this section, the city may, in its uncontrolled discretion, automatically revoke any right-of-way permit issued to the permittee and the city may deny issuance of any right-of-way permit to the permitee for a period not to exceed one 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 attorney’s fees incurred in connection with the revocation.
(Ord. 460, passed 8-28-2000)