§ 430.160. Revocation of permits.

Registrants hold permits issued pursuant to the Code as a privilege and not as a right. The city reserves its right, as provided herein, to revoke any right-of-way permit, without fee refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any 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 maintain the required construction security 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.

If the city engineer determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the city engineer 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 substantial breach, as stated above, will allow the city engineer, at the city engineer's discretion, to place additional or revised conditions on the permit.

Within twenty-four (24) hours of receiving notification of the breach, permittee shall contact the city engineer with a plan, acceptable to the city engineer, for its correction. Permittee's failure to so contact the city engineer, 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. Further, permittee's failure to so contact the city engineer, or the permittee's failure to submit an acceptable plan, or permittee's failure to implement the approved plan, shall automatically place the permittee on probation for one (1) full year.

From time to time, the city engineer may establish a list of conditions of the permit, if breached will automatically place the permittee on probation for one (1) full 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.

If a permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for one (1) full year, except for emergency repairs.

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. (96-Or-127, § 1, 11-22-96; 2000-Or-026, § 14, 4-21-00; Ord. No. 2009-Or-022, § 6, 3-6-09)