(A) Substantial breach. The city may 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 material condition of the permit. A substantial breach by the permittee includes, but is not limited to, the following:
(1) The violation of any material provision of the right-of-way permit;
(2) 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;
(3) Any material misrepresentation of fact in the application for a right-of-way permit;
(4) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee’s control; or
(5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued by the Director.
(B) Written notice of breach. If the city 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 city must make a written demand upon the permittee to remedy the violation. The demand must state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city to place additional or revised conditions on the permit to mitigate and remedy the breach.
(C) Response to notice of breach. Within a time established by the Director following the permittee’s receipt of notification of the breach, the permittee shall provide the city with a plan to cure the breach, acceptable to the city. The permittee’s failure to submit a timely and acceptable plan, or the permittee’s failure to timely implement the approved plan is grounds for immediate revocation of the permit.
(D) Reimbursement of city costs. If a permit is revoked, the permittee must 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.
(Prior Code, § 835.43) (Ord. 2004-04, passed 9-15-2004; Ord. 20171101-01, passed 11-1-2017)