131.15(A) The
may order the suspension of work under a permit and ultimately may revoke any permit, without refunding any fees, in the event of a substantial breach of the terms and conditions of any condition of the permit. The types of substantial breach by permittee may include, but are not limited to:
131.15(A)(1) The violation of any material provision of the permit;
131.15(A)(2) An evasion or attempt to evade any material provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the
or its citizens;
131.15(A)(3) Any material misrepresentation of fact in the process of permittee’s request for a permit;
131.15(A)(4) The failure to maintain and protect pedestrian and vehicular
;
131.15(A)(5) The failure to properly restore the
; or
131.15(A)(6) The failure to correct a violation of the permittee’s obligations under this Chapter within the specified time of an order to do so issued by the
.
131.15(B) If the
determines that the permittee has committed a substantial breach of a term or condition of the permit, the
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, as stated above, will allow the
to place additional or revised conditions on the permit.
131.15(C) Within five calendar days of receiving notification of the breach, permittee shall contact the
with a plan, acceptable to the
, for its correction. Permittee’s failure to so contact the
, or the permittee’s failure to submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan, shall be cause for revocation of the permit. Further, permittee’s failure to so contact the
, or the permittee’s failure to submit an acceptable plan, or permittee’s failure to implement the approved plan, shall be cause for the
to reject any further permit requests until it is cured to the
’s satisfaction.
131.15(D) If a permittee works in the
without a permit, permittee’s permit may be revoked and the permittee shall not be allowed further permits for one full year, except for
repairs and service requirements as mandated by
or federal regulations.
131.15(E) If a permit is revoked, the permittee shall also reimburse the
for the
’s reasonable costs, including costs and the costs of collection and reasonable attorneys’ fees incurred in connection with such revocation.
131.15(F) The
may issue an immediate stop work order where the permittee’s
poses a serious threat to the health, safety or welfare of the public until such time as such serious threat has abated. Upon issuance of such order the permittee shall immediately cease all work in the
except that the permittee shall take all actions necessary to clean and secure all work areas and, to prevent any damage or degradation of
property or any facilities in the
.
(Ord. 2010-23, passed 10-4-2010)