§ 78-436. Permit revocation; penalties.

(a)

Immediate revocation. A permit for the temporary obstruction of a public right-of-way may be immediately revoked for the protection of the public safety, health and welfare, without advance notice and hearing, if it is found that:

(1)

The permittee does not have the insurance required in the minimum amounts described in section 78-432 or the permit is transferred to a new or separate entity.

(2)

The permittee fails to comply with the approved MOT.

(3)

The permittee continues to obstruct a public right-of-way beyond the permit time or the need for such use and there is no longer a current safety need. In such event, the city shall assess a delay fine, on a daily basis, as established by resolution of the city commission.

(4)

The permittee fails to comply with any other permit condition to the immediate detriment of the public safety, health or welfare or creates a dangerous condition.

(5)

The permittee fails to comply with the public right-of-way storm preparation regulations or procedures in article XVII of this chapter.

In the case of an immediate revocation and imposition of a delay fine, the permittee shall be advised of the fine in writing and afforded a prompt post-revocation hearing before a special magistrate appointed as provided in this Code.

(b)

Other fines. Where a permittee failed to comply with other conditions of the permit, including but not limited to: failure to post the permit, failure to remove "red-tagged" barricades and/or signage within the 24-hour period, where an emergency does not exist, the engineering services director, or designee, shall cause the permittee to be served by certified mail or hand delivery, as permitted by state statute, at the permittee's business address as disclosed in the application for the permit, a notice of permit violation and intent to fine. The notice shall include the facts or conduct which warrant the intended fine. Fines and fees to be charged shall be established by resolution of the city commission. The permittee shall be given adequate opportunity to request a prior administrative hearing before a special magistrate appointed as provided in this Code.

(Ord. No. 4198-09, § 1, 3-9-2009; Ord. No. 4340-11, § 2, 5-31-2011; Ord. No. 4505-14, § 1, 2-3-2014)