Part 5 — DENIAL, AMENDMENT OR REVOCATION

The director may amend or revoke a bus stop facilities encroachment permit if the director finds any of the following conditions have occurred:

A.

The permit was issued in error or on the basis of incorrect information supplied;

B.

The permittee has violated any bus stop facilities encroachment permit conditions;

C.

The permitted bus stop facilities create a dangerous condition to life or property;

D.

It is necessary to remove the bus stop facilities in order to accommodate the use of the right-of-way by the city or to accommodate future city improvements within the right-of-way;

E.

The permittee requests removal or relocation of a permitted bus stop facility and the permittee satisfies the conditions set forth in Section 14.05.520.A.

(Ord. 24982.)

A.

The director shall notify an applicant, in writing, of the director's decision to deny, amend or revoke a bus stop facilities encroachment permit.

B.

The notice of decision shall state the grounds for denial of the application or amendment or revocation of the bus stop facilities permit and shall notify the applicant or permittee of the hearing opportunity pursuant to Section 14.05.520.

C.

The notice of decision shall become final, unless a written request for hearing is received within ten days after the date of notice of decision.

(Ord. 24982.)

A.

Upon receipt of a timely written request for a hearing on a notice of decision to deny an application for a bus stop facilities encroachment permit or to amend or revoke a permit, the director shall schedule a hearing. The director promptly shall notify the applicant or permittee of the hearing date, time and location.

B.

The hearing with the director shall be held within ten business days after receipt of the request for hearing.

C.

At the hearing, the permittee or applicant may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. The permittee or applicant may be represented by any person.

D.

After closing the hearing, the director shall give a decision sustaining, reversing or modifying the decision to deny, amend or revoke the bus stop facilities encroachment permit. A written notice of final decision shall be hand delivered or sent by mail to the permittee or applicant.

E.

The decision of the director shall be final.

(Ord. 24982.)

A.

In the event that the director revokes or amends a bus stop facilities encroachment permit and determines that it is necessary to relocate or remove the bus stop facilities:

Permittee shall:

a.

Relocate or remove the bus stop facilities at the permittee's sole cost and expense; and

b.

Permittee shall restore the site to the original condition as of the time of installation of the bus stop facilities; and

c.

Permittee shall complete all removal and restoration work within thirty days of the date of the director's written notice to relocate and remove.

Permittee shall relocate or remove the bus stop facilities in accordance with an agreement between the permittee and the city.

B.

In the event the city determines that it is necessary for the city's purposes to relocate or remove a bus shelter or bus duck-out within two years after the date of issuance of the bus stop facilities encroachment permit to a public entity, the city shall relocate or remove the shelter or duck-out at its own expense or in accordance with an agreement between the public entity and the city.

(Ord. 24982.)