(A) Substantial breach. The city reserves the right, as provided herein, to revoke any right-of-way permit, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following:
(1) 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 complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete the work is due to reasons beyond the permittee’s control; or
(5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to § 95.30.
(B) Notice of breach. If the Director determines that the basis for revocation exists, the Director may initiate revocation of the permit. If the violation is related to non-complying project work, the Director must notify the permittee of the actions necessary to remedy the violation and the date by which the correction must be completed, which must be a reasonable period of time. The Director may impose additional or revised conditions on the permit to mitigate or remedy the violation. If correction of the non-complying work is not completed within the required time or if another basis for revocation exists, the Director must provide written notice to the permittee of the basis for revocation and the date of the revocation hearing under division (C) below. The notice must be given to the permittee at least ten days before the date of the revocation hearing.
(C) Hearing. A revocation hearing must be held on the date and location specified in the notice, pursuant to City Code § 10.98. The purpose for the hearing will be to determine whether any of the grounds for revocation exist. No suspension or revocation may take effect until the permittee has been afforded a hearing as provided in this section.
(D) Revocation costs. If a permit is revoked, the permittee must reimburse the city for its reasonable costs (including restoration costs) incurred in connection with the revocation.
(E) Any revocation of a right-of-way or small wireless facility permit must be made in writing and must document the basis for the revocation. The city must notify the right-of-way user in writing within three business days of the decision to revoke a permit.
(Ord. 17-13, passed 11-27-2017)