Sacramento Municipal Code Art. IV Suspension, Revocation, and Modification of Permits and Agreements

A. The director may suspend, revoke, or modify a permit required by this chapter on any of the following grounds:

1. The permitted telecommunications facility violates any condition of the permit or city-approved application and plans.

2. The permittee violates the terms and conditions set forth in the master license agreement or site-specific agreement.

• 3. The permittee fails to pay any fees, penalties, or damages lawfully assessed upon it.
• 4. The permittee violates any provision of this chapter or any other applicable law.
• 5. The permittee violates any provision of the telecommunication facility standards.

6. The permittee obtained approval by means of fraud or misrepresentation of a material fact.

7. A substantive change of state or federal law or regulations materially affects the permittee's right to occupy or use city-owned property or the city's ability to impose regulations relating to such occupation or use.

8. A telecommunications facility is located on a utility pole or city asset subject to removal pursuant to a lawfully approved utility undergrounding district or other rule or regulation.

9. Circumstances exist that would have been grounds for denial of the permit application.

10. The permittee fails to maintain insurance as required by this chapter.

B. Upon 12 months' prior written notice to the permittee, the director may revoke a permit and terminate any applicable agreements for any reason.

C. The director may immediately, without prior written notice, revoke a permit and terminate any applicable agreements if in response to an urgent or emergency situation as determined by the city, or if the facility interferes or will interfere with any public work of improvement or impacts city-owned property. (Ord. 2020-0018 § 2)

A. Notification of hearing. The director shall notify the applicant or permittee of the basis for the proposed denial, suspension, modification, or revocation of any permit or agreement.

B. Any applicant or permittee aggrieved by the decision of the director to deny, suspend, modify, or revoke a permit or impose conditions on the permit, may appeal the decision by submitting a written appeal to the city manager within 10 calendar days from the date of service of the notice of denial, suspension, modification, or revocation. The written appeal must contain:

1. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant;

2. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested action should be reversed or otherwise set aside;

3. The signatures of all appellants and their official mailing addresses; and

4. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

C. The appeal hearing shall be conducted by the city manager or hearing examiner appointed by the city council.

D. Upon receipt of any appeal filed pursuant to this section, the city manager or the hearing examiner will calendar a hearing as follows:

1. If the appeal is received by the city manager not later than 15 calendar days prior to the next regular appeal hearing date, it shall be calendared for hearing on that date.

2. If the appeal is received by the city manager on a date fewer than 15 calendar days prior to the next appeal hearing date, it shall be calendared for the next subsequent appeal hearing date.

E. Written notice of the time and place of the hearing shall be given at least 10 calendar days prior to the date of the hearing to each appellant either by personal delivery or by mail, postage prepaid, addressed to the appellant at the address shown on the appeal.

F. Failure of any person to file a timely appeal in accordance with the provisions of this section constitutes an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and order, or any portion thereof.

G. Only those matters or issues specifically raised by the appellant in the appeal notice will be considered in the hearing of the appeal.

H. The city manager or hearing examiner has the authority to issue subpoenas compelling witnesses to appear and provide testimony or subpoena duces tecum compelling witnesses to produce documents. The city manager or hearing examiner will issue a subpoena only upon a showing of reasonable necessity. Failure to comply with any subpoena may be considered by the city manager or hearing examiner in making a decision. (Ord. 2020-0018 § 2)

A. At the time set for hearing, the city manager or hearing examiner shall proceed to hear the testimony of the director, the appellant, and other competent persons, respecting those matters or issues specifically listed by the appellant in the notice of appeal.

B. The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.

C. The city manager or hearing examiner may, upon request of the appellant or upon request of the director, grant continuances from time to time for good cause shown, or upon his or her own motion.

D. In any proceedings under this chapter, the city manager or hearing examiner has the power to administer oaths and affirmations and to certify to official acts. (Ord. 2020-0018 § 2)

A. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. California Government Code section 11513, subdivisions (a), (b) and (c), apply to hearings under this chapter.

B. Oral evidence will be taken only upon oath or affirmation.

C. Irrelevant and unduly repetitious evidence shall be excluded.

D. Each party has these rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut the evidence presented against the party; and

6. To represent oneself or to be represented by anyone of their choosing who is lawfully permitted to do so.

E. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments. (Ord. 2020-0018 § 2)

A. If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit and agreement issued under this chapter, the city manager or hearing examiner shall affirm the director's decision to deny, suspend, modify, or revoke the permit and agreement. The decision of the city manager or hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented.

B. A written determination shall be sent via certified mail to the permittee within five days of such determination.

C. The decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure section 1094.6. Copies of the decision shall be delivered to the parties personally or sent by certified mail to the address shown on the appeal. The decision shall be final when signed by the city manager or hearing examiner and served as provided in this section. (Ord. 2020-0018 § 2)

Any hearing examiner shall be appointed from a panel of hearing examiners. (Ord. 2020-0018 § 2)