§ 24-58. Revocation of permits.

The engineer may revoke any permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, this Code, rule or regulation, or any condition of the permit which substantial breach shall continue uncured for ten calendar days after the issuance of a written order of the engineer. A substantial breach of a permit holder shall include, but shall not be limited to, the following:

(1)

The violation of any material provision of the permit;

(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 city or its citizens;

(3)

Any material misrepresentation of fact in the application for a permit;

(4)

The failure to maintain the required bonds and insurance;

(5)

The failure to complete the work in a timely manner; or

(6)

The failure to correct a condition indicated on an order issued by the engineer.

Any revocation of a right-of-way or small wireless facility permit must be made in writing and must document the basis for revocation. The city must notify the telecommunications right-of-way user in writing within three business days of the decision to revoke a permit.

(Code 1992, § 421.11; Ord. No. 1997-7, 8-18-1997; Ord. No. 2017-12 , § 8, 11-8-2017)