San Jose Municipal Code Part 3 Denial, Amendment or Revocation

The director of public works may deny a permit application if the director makes any of the following determinations:

A. The application is incomplete; or

B. The Construction Impact Mitigation Plan, if required by this chapter, has been determined by the city council to be inadequate in that it fails to address any project impact in the manner and/or to the standard required by this chapter; or

C. The application, if granted, would jeopardize or create harm to public health and safety.

(Ord. 26996.)

A. The director of public works may, in writing, amend or revoke a permit if the director finds any of the following conditions have occurred:

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

2. The permittee has violated any conditions of the permit, including noncompliance with an approved Construction Impact Mitigation Plan; or

3. The construction activities in the right-of-way create a dangerous condition to life or property.

B. Additionally, the director of public works may amend any permit upon consideration of a permit extension when the director determines that the circumstances in the area of the construction activities or the impacts of the construction activities in the public right-of-way have changed since the approval of the original permit and any previous extension thereto.

(Ord. 26996.)

A. The director of public works shall notify an applicant, in writing, of the director's decision to deny, amend or revoke a permit.

B. The notice of decision shall state the grounds for denial of the application or amendment or revocation of the permit and shall notify the applicant or permittee of the hearing opportunity pursuant to Section 13.36.330.

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

(Ord. 26996.)

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

B. The hearing with the director of public works shall be held within thirty 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 of public works shall give a decision sustaining, reversing or modifying the decision to deny, amend or revoke the 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 of public works may be appealed to the city council, whose decision on the matter shall be final.

(Ord. 26996.)

The director of public works, and the director's designees, are hereby authorized to enforce all of the provisions of Sections 13.36.010 through 13.36.330, and any Construction Impact Mitigation Plan and encroachment permit issued thereunder by any method specified in Title 1 of the San José Municipal Code.

(Ord. 26996.)