Skip to code content (skip section selection)
(a) Notice of Deficiency. If the Department determines, either after an inspection required under Section 2720(b) or at any other time, that a Surface-Mounted Facility is not in compliance with the Surface-Mounted Facility Site Permit, this Article 27, or other Applicable Law, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Surface-Mounted Facility into compliance.
(b) Department Remedies.
(1) If a Permittee fails to take corrective action with respect to a Surface-Mounted Facility within a reasonable time after receiving a notice of deficiency the Department shall:
(A) Take all reasonable, necessary, and appropriate action to remedy a Permittee's non-compliance;
(B) Charge to a Permittee the reasonable costs that the Department has actually incurred including, but not limited to, administrative costs. Upon the receipt of a demand for payment from the Department, the Permittee shall immediately reimburse the Department for any such costs incurred by the Department or the costs may be deducted from the Permittee's deposit under Section 2725; and
(C) Cease its review of any pending Application submitted by the Permittee and deny the Application.
(2) In the event the required corrective action includes Graffiti removal, the Department may issue a fine of up $1,000 per day that the Permittee fails to take the corrective action. Upon the receipt of such a fine from the Department, the Permittee shall pay the fine immediately or the fine may be deducted from the Permittee's deposit under Section 2725.
(3) In addition to the foregoing, if the Department determines that a Permittee has repeatedly failed to take corrective action with respect to a Surface-Mounted Facility after receiving a notice of deficiency, the Department may require the Permittee to remove the non-compliant Surface-Mounted Facility from the Public Right-of-Ways.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)