(A) Substantial breach.
(1) Registrants hold permits issued pursuant to this chapter as a privilege and not as a right. 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 condition of the permit.
(2) A substantial breach by permittee shall include, but shall not be limited to, the following:
(a) The violation of any material provision of the right-of-way permit;
(b) 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;
(c) Any material misrepresentation of fact in the application for a right-of-way permit;
(d) The failure to maintain the required bonds and/or insurance;
(e) The failure to complete the work in a timely manner; or
(f) The failure to correct a condition indicated on an order issued pursuant to § 90.031 above.
(B) Written notice of breach.
(1) If the Administrator 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 Administrator shall make a written demand upon the permittee to remedy the violation.
(2) The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach, as stated above, will allow the Administrator, at his or her discretion, to place additional or revised conditions on the permit.
(C) Response to notice of breach.
(1) Within 24 hours of receiving notification of the breach, permittee shall contact the Administrator with a plan, acceptable to the Administrator and Public Works Department, for its correction.
(2) Permittee’s failure to so contact the Administrator or Public Works Department, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
(3) Further, permittee’s failure to so contact the city, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically place the permittee on probation for 1 full year.
(D) Cause for probation. From time to time, the Council may establish a list of conditions of the permit, which if breached will automatically place the permittee on probation for 1 full year, such as, but not limited to, working out of the allotted time period or working on right-of-way grossly outside of the permit.
(E) Automatic revocation. If a permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for 1 full 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 attorneys' fees incurred in connection with the revocation.
(Ord. –, § 301.21, passed 9-2-1997)