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A. Notwithstanding any other section of this chapter, the city engineer may immediately revoke or suspend any permit by giving the applicant written notice thereof if any of the following has occurred:

1. The work or activity does not proceed in accordance with the plans as approved, or conditions of approval, or is not in compliance with the requirements of this code or procedures, or other city ordinances or state law.

2. The permittee has made a misrepresentation of a material fact in applying for a permit.

3. The city has been denied access to investigate and inspect the right-of-way.

4. The work creates an unsafe condition with respect to the public, public property, any abutting property, or any other property, person or thing lawfully in or adjacent to the right-of-way.

5. The applicant has failed to comply with any term of this chapter or any other applicable law, statute, code provision or regulation.

6. The applicant has failed to pay any fee, penalty or deposit levied pursuant to this chapter.

7. In the event of any violation of the terms and conditions of the permit, including but not limited to the failure to maintain insurance as required.

8. The applicant has permitted or maintained any nuisance on the right-of-way.

9. In the event the city needs the right-of-way. The city’s use of the right-of-way shall take precedence over any other use.

B. Upon suspension or revocation of a permit, all use of the right-of-way shall cease, except as authorized or directed by the city.

C. The permittee shall be responsible for all costs necessary to remove the structure from the right-of-way and for the restoration of the right-of-way.

D. If any use or occupancy for which the permit has been revoked is not immediately discontinued, the director of public works may remove any such structure or obstruction or cause to be made such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, the cost and expense of which shall be assessed against the permittee, including all fees, costs, and expenses incurred, including attorneys’ fees associated with the enforcement of or collection of the same. The city may enforce this chapter in any manner provided by law, including the abatement of public nuisances.

(Ord. 1639 § 1 (Exh. A), 2022)