San Jose Municipal Code Part 6 Denial, Amendment or Revocation

A. The director 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;

3. The structures or improvements create a dangerous condition to life or property; or

4. It is necessary to remove and/or relocate the improvements in order to accommodate the use of the right-of-way by the city, or to accommodate future improvements in, along, across, under, through, over or upon the right-of-way by the city.

B. Notwithstanding the above, any violation of Construction Impact Mitigation Plan requirements, when applicable, shall also be subject to enforcement pursuant to Section 13.36.340 of Chapter 13.36.

(Ords. 25099, 26996.)

A. The director 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 15.50.620.

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.

D. The denial of an encroachment permit based in whole or in part upon the Construction Impact Mitigation Plan is not subject to appeal under this section, but may be appealed pursuant to the provisions of Part 3 of Chapter 13.36.

(Ords. 25099, 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 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 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. 25099.)

A. In the event that the director revokes or amends the permit and determines that it is necessary to relocate or remove improvements:

1. Permittee shall comply with the terms of any applicable franchise or other agreement regarding removal or relocation of facilities; or

2. Permittee shall:

a. Relocate or remove the improvements 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 improvements; 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. The director may extend this date.

(Ord. 25099.)