(a) A permittee holds permits issued pursuant to this chapter as a privilege and not as a right. The City reserves its right to revoke any right-of-way permit, without fee refund, in the event of a substantial breach of the terms and conditions of this chapter or any statute, ordinance, rule, or regulation, or any condition of the permit. A substantial breach by a permittee shall include, but shall not be limited to, the following:
(l) 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 maintain the required bonds and/or insurance;
(5) The failure to complete the work in a timely manner; or
(b) If the City Engineer 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 Engineer shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach will allow the City Engineer, at his or her discretion, to place additional or revised conditions on the permit. Within twenty-four (24) hours of receiving notification of the breach, permittee shall contact the City Engineer with a plan, acceptable to the City Engineer, for its correction. Failure to so contact the City Engineer, or failure to submit an acceptable plan, or failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. If a permit is revoked, any facilities and/or equipment installed pursuant to said permit shall be promptly and permanently removed from the right-of-way upon order of the City Engineer, and the permittee shall also restore the right-of-way to its original condition or reimburse the City for its reasonable costs of restoration and any other costs incurred by the City in connection with such revocation. If a permittee fails to comply with an order to remove facilities and equipment issued under this Section, the City may summarily remove such facilities in accordance with the procedure set forth in Section 909.13(c).
(Ord. 2016-89. Passed 8-8-16.)