(Added by Ord. No. 186,955, Eff. 4/26/21.)
(a) Violations of Section 71.29. Within six months of discovering a violation of Section 71.29, the Department's Rules, or a permit condition, the Department may issue the Provider a Notice of Violation (NOV) and impose any penalties or order corrective actions listed in the Rules, as authorized in Section 71.29.2. An action by the Department does not preclude any enforcement agency from taking its own enforcement action for violation of any local, state, or federal law or regulation.
(b) Notice of Violation.
(1) The Department shall issue a NOV by mail to the Provider's agent for service of process as shown on the Provider's application for a permit. The NOV shall contain all of the following:
(i) a brief description of the violation(s);
(ii) a brief description of and bases for the penalties and corrective action, if any, imposed; and
(iii) a timeframe in which the Provider shall take corrective action, if any, and comply with the penalties, if any, which shall not be sooner than 15 days from the date of mailing of the NOV.
The NOV shall also inform the Provider that the Provider may request an administrative hearing, pursuant to Section 71.29.4, within 15 days of the date the Department mailed the NOV. The Provider's right to an administrative hearing shall be deemed waived if the Provider fails to file a timely request for an administrative hearing.
(2) The NOV shall be final and effective 15 days after the date of its mailing if no administrative hearing was timely requested. If a Provider timely requests an administrative hearing, any portion of the NOV upheld or modified by an appellate body shall be final and effective 15 days after the date the appellate body's decision is deemed final under Section 71.29.4.
(3) If after a NOV becomes final and effective, a Provider fails to comply with the penalties and corrective action, if any, in the NOV, the Department may take one or more of the following actions: 1) denial of a permit or permit renewal; 2) revocation or suspension of a permit; or 3) imposition of more restrictive permit conditions.
(c) Stipulated Agreement. Prior to or after issuing a NOV, the Department, at its discretion, may enter into a written agreement with a Provider whereby the Provider stipulates to having committed a violation in exchange for a negotiated penalty or corrective action, if any. If a Provider violates a stipulated agreement, the Department may issue or re-issue a NOV and impose any penalties listed in the Rules, as authorized under Section 71.29.2.
(d) Suspension of Permit During Pendency of Administrative Hearing and Appeal. Depending on the severity of the violation alleged in the NOV, the Department may suspend the Provider's permit during the pendency of the administrative hearing and any appeal. The Department shall give written notice, by mail, of the suspension to the Provider, and shall provide the basis for issuing the suspension. The Provider shall remove all of its Devices from the public right of way within seven calendar days of the date the Department mailed the notice of suspension. While the suspension is in effect, Provider is prohibited from deploying, storing, or operating its Devices within the public right-of-way.