Sec. 153.616 - Revocation of a WCF permit.

(A)

A WCF permit may be revoked if the permit holder is not in compliance with one or more of the permit conditions, if one or more of the permit conditions are not enforceable, or for a failure to comply with any provision of the Code relating to the permit, or relating to the WCF associated with the permit ("default event"). By way of example and not limitation, a refusal to timely remove facilities located in the rights-ofway where required in connection with a public works project would be a default event.

(B)

The Town may revoke a WCF permit only after:

(1)

Written notice of the default event has been provided to the WCF permit holder; and,

(2)

The WCF permit holder has been afforded at least 30 days to cure and comply with its permit, or demonstrate that no default event occurred.

(C)

If the WCF permit holder fails to cure, the Town Council or the Town Council through a designee shall conduct a noticed public hearing where the WCF permit holder shall be afforded an opportunity to speak and be heard and to provide written material prior to the hearing. If the Town Council, after the public hearing, finds that the WCF or the WCF permit holder has violated any law regulating the WCF or has failed to comply with the requirements of this section, the WCF permit, any applicable agreement or any condition of approval the Town Council may revoke the WCF permit.

(D)

Upon revocation, the Town Council may require the removal of the WCF or take any other legally permissible action or combination of actions necessary to protect the health and welfare of the Town.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.