(1) Permit denial. The Department may deny any small wireless facility permits if the applicant does not comply with all provisions of this chapter, or if the Department determines that the denial is necessary to protect public health, safety, and welfare, or when necessary to protect the public right-of-way and its current use.
(2) Permit revocation. The Department may revoke a small wireless facility permit, with or without refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any material condition of the small wireless facility permit. A substantial breach includes, but is not limited to, the following:
(a) A material violation by act or omission of a provision of a small wireless facility permit;
(b) An evasion or attempt to evade any material provision of a small wireless facility permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(c) A material misrepresentation of fact in a small wireless facility permit application;
(d) a failure to correct, in a timely manner, collocation of a small wireless facility or installation or replacement of a wireless support structure that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the Department of the faulty condition;
(e) A permittee fails to make timely payments of any fees due, and does not correct such failure within 20 days after receipt of written notice by the city of such failure;
(f) A permittee becomes insolvent, unable or unwilling to pay its debts, is adjudged bankrupt, or all or part of its small wireless facilities or wireless support structures are sold under an instrument to secure a debt and is not redeemed by the permittee within 60 days; or
(g) A failure to complete collocation of a small wireless facility or installation, modification, or replacement of a wireless support structure with 270 days of the date a small wireless facility permit authorizing such activity is granted, unless the Department and the permittee agree to extend the 270 day period or there is a lack of commercial power or communications transport infrastructure to the installation site.
(3) Written notice required. Any denial or revocation of a small wireless facility permit shall be made in writing and shall document the basis for the denial or revocation. The Department shall notify the applicant or permittee in writing within three days of a decision to deny or revoke a small wireless facility permit. If a small wireless facility permit application is denied, the applicant can cure the deficiencies identified by the Department and submit its application. If the applicant resubmits the application within 30 days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The Department must approve or deny the revised application within 30 days after the revised application is submitted. If a small wireless facility permit or wireless support structure permit is revoked, the small wireless facility or wireless support structure shall be subject to removal in accordance with § 305.11 (Removal of a Small Wireless Facility or Wireless Support Structure).
(Ord. 01-19, passed 11-25-2019)