7.20 - Revocation of Permits § 7.20
Section 7.2o: Revocation of Permits
Subdivision 1. Substantial Breach
The City reserves its right, as provided herein, to revoke any right-of-way permit,
without a fee refund, if there is a substantial breach of the terms and conditions of
any statute, ordinance, rule or regulation, or any condition of the permit. A
substantial breach by permittee shall include, but shall not be limited to, the
following:
A. The violation of any material provision of the right-of-way permit;
B. An evasion or attempt to evade any material provision of the right-of-way
permit, or the perpetration or attempt to perpetrate any fraud or deceit upon
the City or its citizens;
C. Any material misrepresentation of fact in the application for a right-of-way
permit;
D. The failure to complete the work in a timely manner, unless a permit
extension is obtained or unless the failure to complete the work is due to
reasons beyond the Permittee's control; and
E. The failure to correct in a timely manner, work that does not conform to a
condition indicated on an order issued pursuant to this Code.
Subdivision 2. Written Notice of Breach
If the City Manager or his/her designee determines that the permittee has
committed a substantial breach of a term or condition of any statute, ordinance,
rule, regulation or any condition of the permit, the City Manager or his/her designee
shall make a written demand upon the permittee to remedy such violation. The
demand shall state that continued violations might be cause for revocation of the
permit. A substantial breach, as stated above, will allow the City Manager or his/her
designee, at its discretion, to place additional or revised conditions on the permit to
mitigate and remedy the breach.
Subdivision 3. Response to Notice of Breach
Within twenty-four (24) hours of receiving notification of the breach, permittee shall
contact the City Manager or his/her designee with a plan, acceptable to the City
Manager or his/her designee that will cure the breach. Permittee's failure to so
contact the City Manager or his/her designee, or the 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 permit. Further, permittee's
failure to so contact the City Manager or his/her designee, or the permittee's failure
to submit an acceptable plan, or permittee's failure to reasonably implement the
approved plan, shall automatically place the permittee on probation for one (1) full
year.
Golden Valley City Code Page 1 of 2
§ 7.20
Subdivision 4. Cause for Probation
From time to time, the City Manager or his/her designee may establish a list of
conditions of the permit, which if breached will automatically place the permittee on
probation for one (1) full year, such as, but not limited to, working out of the
allotted time period or working on right-of-way grossly outside of the permit
authorization.
Subdivision 5. Automatic Revocation
If a permittee, while on probation, commits a breach as outlined above, permittee's
permit will automatically be revoked and permittee will not be allowed further
permits for one (1) full year, except for emergency repairs of its facilities.
Subdivision 6. Reimbursement of City Costs
If a permit is revoked, the permittee shall also reimburse the City for the City's
reasonable costs, including restoration costs and the costs of collection and
reasonable attorneys' fees incurred in connection with such revocation.
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
Golden Valley City Code Page 2 of 2