(A) In case of any failure of permittee’s physical plant, whether due to damage, age, lack of maintenance, or any other cause, the municipality shall notify permittee who shall, within the time stipulated by the municipality, respond and repair such failed plant. Should permittee fail to act as required, or in cases where protection of public safety requires an immediate response, the municipality may take any required, corrective action and recover the costs of same from the permittee by civil action or by certifying the amount to the County Auditor for collection with the permittee’s personal property or real estate taxes.
(B) The Director shall give the permittee 30 days’ prior written notice of municipality’s intent to revoke the permit under this section, stating the reasons for such action. If the permittee cures the stated reason within the 30-day notice period, or if the permittee initiates efforts satisfactory to the municipality to remedy the stated violation, the municipality shall not revoke the permit. If the permittee does not cure the stated violation or undertake efforts satisfactory to the municipality to remedy the stated violation, then, after granting the permittee an opportunity to be heard in person or in writing, the Council may revoke the permit.
(C) In the event the permit is revoked, all facilities located in the rights-of-way or located upon public property shall be removed from the streets and public places of the municipality at the sole expense of the permittee.
(Ord. 97-105, passed 2-3-1997) Penalty, see § 94.999