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0§ 94.59 REVOCATION OF RIGHT-OF-WAY PERMITS.
<br /> (A) Substantial breach. The city reserves its right, as provided herein, to revoke any right-of-
<br /> way permit, without a fee refund, if there is a substantial breach of the terms and conditions of
<br /> any statute, ordinance, rule, or regulation, or any material condition of the permit. A substantial
<br /> breach by permittee shall include, but shall not be limited to, the following:
<br /> (1) The violation of any material provision of the right-of-way permit;
<br /> (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the
<br /> perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
<br /> (3) Any material misrepresentation of fact in the application for a right-of-way permit;
<br /> (4) The failure to maintain the required bonds and/or insurance;
<br /> (5) The failure to complete the work in a timely manner, unless a permit extension is
<br /> obtained or unless the failure to complete the work is due to reasons beyond the permittee's
<br /> control; or
<br /> (6) The failure to correct, in a timely manner, work that does not conform to a condition
<br /> indicated on an order issued pursuant to § 94.56.
<br /> (B) Written notice of breach. If the city determines that the permittee has committed a
<br /> substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any
<br /> condition of the permit, the city shall make a written demand upon the permittee to remedy the
<br /> violation. The demand shall state that continued violations may be cause for revocation of the
<br /> permit. Further, a substantial breach, as stated above, will allow the city, at its discretion, to
<br /> place additional or revised conditions on the permit to mitigate and remedy the breach.
<br /> (C) Response to notice of breach.
<br /> (1) Within 24 hours of receiving notification of the breach, permittee shall eentaot provide
<br /> the city with a plan, acceptable to the city,-that will cure the breach.
<br /> (2) Permittee's failure to so contact the city, or the permittee's failure to timely submit an
<br /> acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause
<br /> for immediate revocation of the permit.
<br /> (3) Further, permittee's failure to so contact the city, or permitee's failure to submit an
<br /> acceptable plan, or permittee's failure to reasonably implement the approved plan, shall
<br /> automatically place the permittee on probation for one full year.
<br /> (D) Cause for probation. From time to time, the city may establish a list of conditions of the
<br /> permit, which if breached will automatically place the permittee on probation for one full year,
<br /> such as, but not limited to, working out of the allotted time period or working on right-of-way
<br /> grossly outside of the permit authorization.
<br /> (E) Automatic revocation. If a permittee, while on probation, commits a breach as outlined
<br /> above,permittee's permit will automatically be revoked and permittee will not be allowed further
<br /> permits for one full year, except for emergency repairs.
<br /> (F) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the
<br /> city for the city's reasonable costs, including restoration costs and the costs of collection and
<br /> reasonable attorney's fees incurred in connection with the revocation.
<br /> (Ord. 9756,passed 6-20-2000) Penalty, see � 10.99
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