§ 14-73. Permit suspension and revocation.

(a)

The right-of-way use permit may be revoked and an immediate stop work order issued by the public works director for reasons of public safety.

(b)

The city may order the suspension of work under a permit and ultimately may suspend or revoke any permit, in the event of a material breach of the terms and conditions of any applicable codes including but not limited to this article, State and federal laws and regulations, or any condition of the permit. A material breach by the permittee may include, but is not limited to:

(1)

The violation of any material provision of the permit or applicable codes;

(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;

(3)

Any material misrepresentation of fact in the process of permittee's request for a permit or registration;

(4)

The failure to maintain the required performance construction bond or insurance;

(5)

The failure to properly restore the public rights-of-way;

(6)

The failure to comply within the specified time with an order issued by the city;

(7)

The failure to relocate or remove facilities pursuant to this article and F.S. §§ 337.402, 337.403 and 337.404, as amended;

(8)

Conducting work in the public rights-of-way without a permit, if required.

(c)

If the city determines that a permittee has committed a substantial breach of a term or condition of the permit or violation of applicable codes, including but not limited to this article, the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that the continued violation(s) may be cause for suspension or revocation of the permit, in addition to any other remedy available to the city. Further, the city may place additional or revised permit conditions following a substantial breach. In addition, the city may refuse to issue new permits to a permittee or permittee's contractor that has materially violated any provisions of a permit or applicable codes, including but not limited to this article, until such time as the owner cures the violation to the satisfaction of the city, including paving any damages, costs or penalties that may have been assessed.

(d)

Within thirty (30) days of receiving notification of the breach, the permittee shall contact the city and provide a plan, acceptable to the city. The city shall provide additional time as reasonably necessary for a permittee to establish an acceptable plan taking into account the nature and scope of the alleged breach. The permittee's failure to so contact the city, the permittee's failure to submit an acceptable plan or the permittee's failure to reasonably implement the approved plan, shall be cause for revocation or suspension of the permit. A final determination to suspend or to revoke a permit may be appealed in accordance with the procedures set forth in this article. Nothing herein shall affect the city's ability to take immediate action or to cause a permittee to take immediate action pursuant to this article or applicable law to address any condition that threatens the health, safety or welfare of persons or property.

(e)

If a permit is revoked, the permittee shall reimburse the city for the city's reasonable costs, including restoration costs, administrative costs, and the cost of collection. These costs may also be deducted from the permittee's bond at the city's discretion.

(f)

The city may cause an immediate stop work order where the construction poses a serious threat to the health, safety or welfare of the public until such time as such serious threat has been abated.

(g)

In the event of an emergency, if a permittee fails to do so in a timely manner, the city may perform any work involving a facility in the public rights-of-way to prevent a threat to the health, safety or welfare of the public and charge all costs including collection costs to the permittee. Nothing herein shall operate as a waiver of the city's police powers.

(Ord. No. 18-16 , § 2, 11-13-18)