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CCP 07-26-1999
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CCP 07-26-1999
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<br />Sec. 1.21. Revocation of Permits. <br /> <br />. <br /> <br />Subd. 1. Substantial Breach. Registrants hold permits issued pursuant to this Chapter as a <br />privilege and not as a right. The City reserves its right, as provided herein, to revoke any right- <br />of-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 condition of the permit. A substantial breach by <br />permittee shall include, but shall not be limited to, the following: <br /> <br />(a) The violation of any material provision of the right-of-way permit; <br /> <br />(b) An evasion or attempt to evade any material provision of the right-of-way permit, or <br />the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; <br /> <br />(c) Any material misrepresentation of fact in the application for a right-of-way permit; <br /> <br />(d) The failure to maintain the required bonds and/or insurance; <br /> <br />(e) The failure to complete the work in a timely manner; or <br /> <br />(f) The failure to correct a condition indicated on an order issued pursuant to Sec. 1.18. <br /> <br />. <br /> <br />Subd.2. Written Notice oJ Breach. If the Director determines that the permittee has committed <br />a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any <br />condition of the permit the Director shall make a written demand upon the permittee to remedy <br />such violation. The demand shall state that continued violations may be cause for revocation of <br />the permit. Further, a substantial breach, as stated above, will allow the Director, at his or her <br />discretion, to place additional or revised conditions on the permit. <br /> <br />Subd.3. Response to Notice oJ Breach. Within twenty-four (24) hours of receiving notification <br />of the breach, permittee shall contact the Director with a plan, acceptable to the Director, for its <br />correction. Permittee's failure to so contact the Director, or the permittee's failure to submit an <br />acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause <br />for inunediate revocation of the permit. Further, permittee's failure to so contact the Director, or <br />the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably <br />implement the approved plan, shall automatically place the permittee-on probation for one <br />(1) full year. (Note: Probation is an option for your city.) <br /> <br />Subd.4. CauseJor Probation. From time to time, the Director may establish a list of <br />conditions of the permit, which if breached will automatically place the permittee on probation <br />for one full year, such as, but not limited to, working out of the allotted time period or working <br />on right-of-way grossly outside of the permit. (Note: Probation is an option for your city.) <br /> <br />Subd. 5. Automatic Revocation. If a permittee, while on probation, commits a breach as <br />outlined above, permittee's permit will automatically be revoked and permittee will not be <br />allowed further permits for one full year, except for emergency repairs. (Note: Probation is an <br />. option for your city.) <br /> <br />Subd. 6. Reimbursement oJ City Costs. If a permit is revoked, the permittee shall also <br />reimburse the city for the city's reasonable costs, including restoration costs and the costs of <br /> <br />15 <br />
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