(A) Village Right to Revoke Permit. The Village Manager may revoke or suspend a permit issued pursuant to this Division for one (1) or more of the following reasons:
(1) Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
(2) Non-compliance with this Division;
(3) Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the rights-of-way presents a direct or imminent threat to the public health, safety, or welfare; or
(4) Permittee's failure to construct the facilities substantially in accordance with the permit and approved plans.
(B) Notice of Revocation or Suspension. The Village Manager shall send written notice of the Village's intent to revoke or suspend a permit issued pursuant to this Division stating the reason or reasons for the revocation or suspension and the alternatives available to the permittee under this section.
(C) Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension. While (in its sole discretion and for good cause shown) the Village Board may extend the time periods provided in this subsection, upon receipt of a written notice of revocation or suspension from the Village Manager, the permittee shall have the following options:
(1) Immediately provide the Village Manager and the Village Engineer with evidence that no cause exists for the revocation or suspension;
(2) Immediately correct, to the satisfaction of the Village Engineer, the deficiencies stated in the written notice, providing written proof of such correction to the Village Engineer within five (5) working days after receipt of the written notice of revocation; or
(3) Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights-of-way and restore the rights-of-way to the satisfaction of the Village Engineer providing written proof of such removal to the Village Manager and the Village Engineer within ten (10) days after receipt of the written notice of revocation.
(D) Stop Work Order. In addition to the issuance of a notice of revocation or suspension, the Village Engineer may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within subsection (A) of this section.
(E) Failure or Refusal of the Permittee to Comply. If the permittee fails to comply with the provisions of subsection (C) of this section, the Village Engineer or his designee may, at the option of the Village Manager: (1) correct the deficiencies; (2) upon not less than twenty (20) days notice to the permittee, remove the subject facilities or equipment; or (3) after not less than thirty (30) days notice to the permittee of failure to cure the non-compliance, deem them abandoned and property of the Village. The permittee shall be liable in all events to the Village for all costs of removal.
(Ord. 07-2651, passed 11-13-07)