§ 64-122. Issuance, denial or revocation of excavation permits.

(a)

In determining whether to issue or deny issuance of an excavation permit, or in determining whether to revoke an existing excavation permit, the direct shall consider the following factors:

(1)

Will the public health, safety and welfare be endangered.

(2)

The availability of space within the property, right-of-way or easements owned by the city.

(3)

The availability of other locations in the property, right-of-way or easements owned by the city for excavation and work therein.

(4)

Whether the applicant is in compliance with the terms and conditions of its franchise, this ordinance, and other applicable ordinances and regulations.

(5)

The extent of disruption to adjoining property, right-of-way or easements owned by other public entities, residents and businesses that will result from the excavation.

(6)

Whether the date and duration of the excavation will conflict with an exhibition, celebration, festival, or any other event scheduled to use the property, right-of-way or easements owned by the city.

(b)

Notwithstanding the above considerations, the director may issue an excavation permit in any case where the permit is necessary to:

(1)

Prevent substantial economic hardship to a user of the applicant's service.

(2)

Allow such user to materially improve the service provided by the applicant.

(c)

An excavation permit issued under this article is a privilege and not a right. The city may revoke an excavation, without refund of the application fee, in the event of a substantial breach of the following terms and conditions:

(1)

The violation of any material provision of the excavation permit.

(2)

An evasion or attempt to evade any material requirement of the excavation permit.

(3)

Any material misrepresentation of any fact in the permit application.

(4)

The failure to maintain the required bond or insurance.

(5)

The failure to complete the work within a reasonable time.

(6)

The failure to correct a condition indicated on an order issued by the director pursuant to this ordinance.

(7)

Repeated failure to install and maintain required traffic control devices.

(8)

Failure to repair the property and facilities owned by other parties including the city.

(d)

If the director determines that the permittee has committed a substantial breach of any law or condition placed on the excavation permit, the director shall make a written demand upon the permittee to remedy the violation. The demand shall state that the continued violation may be cause for revocation of the permit, or legal action if applicable. A substantial breach shall be grounds for the director to modify conditions placed on the excavation permit in order to cure permittee's breach. Within five business days after service of a notice of the breach, permittee shall submit a plan for correction of the breach to the director. The director shall review the plan submitted by the permittee and determine what method of correction and modification of conditions placed on the excavation permit is in the best interests of the public health, safety and welfare. Permittee's failure to submit a plan for correction of the breach shall be cause for immediate revocation of the excavation permit.

(e)

If an excavation permit is revoked, the permittee shall reimburse the city for the city's reasonable costs, including administrative costs, restoration costs and the costs of collection incurred in connection with the revocation.

(Ord. No. 001685, § 1, 2-20-01; Ord. No. 120934, § 1, 11-8-12)