§ 40-298. Revocation.

(a)

Any permit issued under this article may be revoked in accordance with the provisions of this section if it is found that:

(1)

Any material statement made or information furnished with or in connection with the review of the application was false;

(2)

Conditions have changed such that the use of the permittee's facility no longer meets all applicable requirements of this article or such that the permittee's use interferes with the public's use of the public streets or creates any hazardous condition thereon;

(3)

The permittee has failed to comply with any provision of this article; or

(4)

The facility has not been installed in compliance with the permit within 90 days after its issuance, unless an extension is granted for good cause by the director.

(b)

Whenever the director receives reliable information that grounds for revocation of a permit exist, he shall investigate the facts. If he finds that there are grounds for revocation of a permit, he shall give a written notice to the permittee setting forth:

(1)

The specific grounds upon which the permit in question may be revoked;

(2)

That there will be a hearing before a hearing official designated by the director in which the city will seek the revocation of the permit;

(3)

The date, time, and place of such hearing; and

(4)

That the permittee may appear in person and be represented by an attorney.

(c)

After completion of the presentation of evidence by all parties, the hearing official shall make written findings and render an order as to whether or not there are grounds for revocation of the permit. If there are such grounds, then he shall order the permit to be revoked.

(d)

The decision of the hearing official shall be final.

(e)

Notwithstanding the foregoing grounds and procedures, the director may revoke any permit in whole or in part upon ten days' notice to the permittee and without a hearing thereon if he determines that the facility should be removed or relocated to accommodate any widening, realignment, or extension of the public streets or other public improvements or utility improvements. The director may also revoke a permit for which the insurance or bond has been cancelled or has expired without renewal, without a hearing, after five days' written notice and failure of the permittee to replace the insurance or bond.

(f)

The revocation of a permit under this section shall not release or excuse the permittee or his insurers or sureties from their duty to remove the facility or any other obligation which arose by virtue of the acceptance or enjoyment of the permit.

(Ord. No. 91-1157, § 1, 8-14-91)