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Sec. 4.10.21. Revocation of Permits. <br /> <br />Subd. 1. Substantial Breach. The City reserves its right, as <br />provided herein, to revoke any Right-of-Way Permit, without a fee <br />refund, if there is a substantial breach of the terms and <br />conditions of any statute, ordinance, rule or regulation, or any <br />material condition of the permit. A substantial breach by <br />Permittee shall include, but shall not be limited to, the <br />following: <br /> <br />(a) The violation of any material provision of the Right-of <br />Way Permit; <br /> <br />(b) An evasion or attempt to evade any material provision of <br />the Right-of-Way Permit, or the perpetration or attempt to <br />perpetrate any fraud or deceit upon the City or its citizens; <br /> <br />(c) Any material misrepresentation of fact in the application <br />for a Right-of-Way Permit; <br /> <br />(d) The failure to complete the work in a timely manner; <br />unless a permit extension is obtained or unless the failure to <br />complete work is due to reasons beyond the Permittee's <br />control; or <br /> <br />(e) The failure to correct, in a timely manner, work that <br />does not conform to a condition indicated on an Order issued <br />pursuant to Section 4.10.18. <br /> <br />Subd. 2. Written Notice of Breach. If the Director determines <br />that the Permittee has committed a substantial breach of a term or <br />condition of any statute, ordinance, rule, regulation or any <br />condition of the permit the Director shall make a written demand <br />upon the Permittee to remedy such violation. The demand shall <br />state that continued violations may be cause for revocation of the <br />permit. A substantial breach, as stated above, will allow the <br />Director, at his or her discretion, to place additional or revised <br />conditions on the permit to mitigate and remedy the breach. <br /> <br />Subd. 3. Response to Notice of Breach. Within twenty-four (24) <br />hours of receiving notification of the breach, Permittee shall <br />provide the Director with a plan, acceptable to the Director, that <br />will cure the breach. Permittee's failure to so contact the <br />F'irector, or the Permittee's failure to submit an acceptable plan, <br />or Permittee's failure to reasonably implement the approved plan <br />shall be cause for immediate revocation of the permit. Further, <br />Permittee's failure to so contact the Director, or the Permittee's <br />failure to submit an acceptable plan, or Permittee's failure to <br />reasonably implement the approved plan, shall automatically place <br />the Permittee on Probation for one (1) full year. <br /> <br />16 <br /> <br /> <br />