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(A) Permittees hold ROW permits issued pursuant to this Chapter as a privilege and not as a right. The City reserves its right, as provided herein, to revoke any ROW permit, without refund of the permit fee, in the event of a substantial breach of the terms and conditions of any law or the ROW permit. A substantial breach shall include, but not be limited to the following:

(1) The violation of any material provision of the ROW permit;

(2) An evasion or attempt to evade any material provision of the ROW permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;

(3) Any material misrepresentation of any fact in the permit application;

(4) The failure to maintain the required insurance;

(5) The failure to complete the work in a timely manner;

(6) The failure to correct a condition indicated on an order issued pursuant to this Chapter;

(7) Repeated traffic control violations; or

(8) Failure to repair facilities damaged in the ROW.

(B) If the City Engineer determines that the permittee has committed a substantial breach of any law or condition placed on the ROW permit, the City Engineer shall make a written demand upon the permittee to remedy such violation. The demand shall state that the continued violation may be cause for revocation of the permit, or legal action if applicable. Further, a substantial breach, as stated above, will allow the City Engineer, discretionarily, to place additional or revised conditions on the ROW permit, specifically related to the manner in which the breach is cured by the permittee. Within five (5) calendar days of receiving notification of the breach, permittee shall contact the City Engineer with a plan, acceptable to the City Engineer, for correction of the breach.

(C) Permittee’s failure to contact the City Engineer, permittee’s failure to submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan shall be cause for immediate revocation of the ROW permit.

(D) If a ROW permit is revoked, the permittee shall also reimburse the City for the City’s reasonable costs, including administrative costs, restoration costs and the costs of collection and reasonable attorneys’ fees incurred in connection with such revocation.

(E) Whenever a person is aggrieved by any decision or action taken by the City Engineer pursuant to this Chapter, the person may file an appeal to the City Manager or designee within ten (10) calendar days of the date of notice of such decision or action. The persons shall be afforded a hearing on the matter before the City Manager or designee within thirty (30) days of filing the appeal. In cases of applicability or interpretation of the rules, the City Manager may revoke such decision or action taken by the City Engineer. The decision of the City Manager regarding such appeals is final. However, this appeal is not available to any person who is availing themselves of the appeal provisions set forth in K.S.A. 66-2019(h)(6).

(F) In cases where compliance with such decision or action taken by the City Engineer would cause undue hardship, the City Manager may extend the time limit of such decision or action, or may grant exceptions to, or waive requirements of, or grant a variance from the specific provisions of rules. The City Manager shall give due consideration to the purposes of the rules in preserving public safety and convenience, integrity of public infrastructure, and the operational safety and function of the public ROW.

(G) Pending a decision of the City Manager, the order of the City Engineer shall be stayed, unless the City Engineer determines that such actions will pose a threat to public safety or the integrity of the public infrastructure.

(H) If a person still deems themselves aggrieved after the appeal to the City Manager, such person shall have thirty (30) days after the effective date of the City Manager’s final decision to appeal the City Manager’s decision to the Governing Body. (Ord. 16-58 § 1, 2016.)