(a) In addition to any other rights set out in this chapter, the City reserves the right to modify or revoke any right of way permit in the event the permit holder violates any material provision of this chapter or its right of way permit. The Director of Public Utilities shall give the permit holder thirty (30) days prior written notice of an intent to modify or revoke the right of way permit and shall state the reasons for the modification or revocation. If the permit holder cures the violation within the thirty (30) day notice period, or if the permit holder initiates efforts satisfactory to the Director to remedy the violation, the Director shall rescind the notice. If the permit holder does not cure the stated violation or does not undertake efforts satisfactory to the Director to remedy the stated violation, the Director may modify or revoke the right of way permit.
(b) A permit holder may appeal the Director's action to modify or revoke a right of way permit. The appeal shall be perfected within thirty (30) days of the Director's determination by filing an appeal with the Director of Law. A three member Board of Appeals consisting of the Directors of Finance, Public Service and Law or their designees, chaired by the Director of Law, shall afford the applicant with an opportunity to be heard either in person or in writing. The Board shall issue a final determination within thirty (30) days of the filing of the hearing or submission of written arguments unless the applicant waives the time period. The determination of the Board of Appeals shall be a final determination by the City subject to appeals to the courts as provided by state statute.
(c) Unless otherwise permitted by the Director or required by law, upon the revocation of a right of way permit all facilities located in the right of way or located upon public property pursuant to the permit shall be removed at the sole expense of the permit holder.
(Ord. 375-02. Passed 10-8-02.)