12.30.340 Revocation of permits.
(a) Substantial Breach. Permittees hold permits issued pursuant to this chapter as a privilege and not as a right. The City reserves the right, as provided herein, to revoke any right-of-way permit, without a fee refund, if there is a breach of the terms and conditions of any statute, ordinance, rule or regulation, or any condition of the permit. A breach by permittee shall include the following:
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any provision of the right-of-way permit, or the perpetration of or attempt to perpetrate any fraud or deceit upon the City or its citizens;
(3) Any misrepresentation of a material fact in the application for a right-of-way permit;
(4) The failure to maintain the required bonds and/or 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 pursuant to this chapter.
(b) Written Notice of Breach. If the Director determines that the permittee has committed a breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the Director 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 breach, as stated above, will allow the Director to place additional or revised conditions on the permit.
(c) Response to Notice of Breach. Within 24 hours of receiving notification of the breach, permittee shall contact the Director with a plan of correction acceptable to the Director. Permittee’s failure to so contact the Director, or the permittee’s failure to submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
(d) Cause for Probation. From time to time, the Director may establish a list of conditions of the permit, which if breached will automatically place the permittee on probation for up to one year, such as, but not limited to, working out of the allotted time period or working on right-of-way grossly outside of the permit.
(e) Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the City for the City’s reasonable costs, including restoration costs and the costs of collection and reasonable attorneys’ fees incurred in connection with such revocation.
(f) Probationary Status. If a permittee is placed on probation, all subsequent permit fees shall be tripled. (Ord. 17587 § 6-6, 10-24-00. Code 1995 § 130-731.)
Cross References:Public Works Department, TMC 2.20.100.