§ 22-32. Same—Revocation; effect.

(a)

Any permit issued under this article, where a notice to cease operations thereunder is issued by an inspection official, may be revoked by the street department after notice and hearing for:

(1)

Violation of any condition of the permit;

(2)

Violation of any provision of this article or any other applicable ordinance or law relating to excavations or streets;

(3)

The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others;

(4)

Failure to reimburse the city for any expenses incurred by the city and which is payable to the city under this article whether arising under the permit revoked or any other permit issued under this article.

(b)

If inspection by the street department reveals that the street cutting and/or excavation is being operated or maintained in violation of the permit issued, the city official shall immediately give notice in writing to the person in charge at the site of the operations, setting forth the reason for the issuance of the notice.

(c)

After issuance of the notice as provided for in paragraph (b) of this section, there shall be no further operation of the cutting or excavation until the violations complained of by the inspecting official have been remedied. The operator shall have three (3) days from the date of receipt of the complaint notice to remedy the violations complained of by the inspecting official and to notify the city street department that the violation complained of has been remedied and that the site is ready for additional inspection.

(d)

If an operator of a site covered by this article fails to remedy the violations complained of as provided in paragraph (c) of this section, the official shall notify the street department and/or city secretary of the violations discovered and request that a hearing be set for revocation of the operator's permit. A continuation of work or operation of the site, other than to remedy the violation complained of, after written notice has been received by the operator to cease the site work, shall constitute a violation of this article.

(Ord. No. 8609, §§ 4.01, 4.03—4.05, 4-7-86)