Sec. 711.417. - Enforcement of Permit Obligations; Suspension and Revocation of Permit.

The Director may order the suspension of placement, maintenance, or collocation work under a Permit and ultimately may revoke any Permit, in the event of a substantial breach of the terms and conditions of any Applicable Codes, State or federal laws or regulations, or any condition of the Permit. A substantial breach by the permittee may include, but is not limited to: (1) The violation of any material provision of the Permit or Applicable Codes and applicable objective design standards; (2) An evasion or attempt to evade any material provision of the Permit or the perpetration or attempt to perpetrate any fraud or deceit upon the City; (3) Any material misrepresentation of act in the process of permittee's request for a Permit or Registration; (4) The failure to maintain the required construction bond, Surety Fund or insurance; (5) The failure to properly restore the City's Rights-of-Way; (6) The failure to adhere to the indemnification provisions; (7) The failure to comply within the specified time with an order issued by the Director to correct a harmful condition or remedy a hazardous situation; (8) The failure to Register, renew Registration, or provide notice of transfer; (9) The failure to relocate or remove Communications Facilities pursuant to this Part and F.S. Ch. 337, as amended; (10) The failure to comply with a stop work order issued by the Director; or (11) Conducting work in the City's Rights-of-Way without a Permit, if required. If the Director determines that the permittee has committed a substantial breach of a term or condition of the Permit or this Part, the Director shall make a written demand upon the permittee to remedy such violation. The demand shall state that the continued violation(s) may be cause for suspension or revocation of the Permit. Further, the Director, at his or her discretion, may impose additional or revised Permit conditions on the Permit following a substantial breach. Within 30 days of receiving the notification of the breach, the permittee shall contact the Director with a plan, acceptable to the Director, for its correction or shall submit a statement as to why a substantial breach has not occurred. The Director shall provide additional time as reasonably necessary for a permittee to establish a plan acceptable to the Director taking into account the nature and scope of the breach. The permittee's failure to contact the Director, failure to submit an acceptable plan, or failure to reasonably implement an approved plan, shall be cause for suspension or revocation of the Permit. A final determination to suspend or revoke a Permit may be appealed in accordance with the procedures set forth in Subpart A. If a Permit is revoked, the permittee shall reimburse the City for the City's reasonable costs, including restoration costs, administrative costs, attorney's fees, and the cost of collection. The City may charge the costs and/or fees incurred by the City relating to indemnity or abandonment to the Surety Fund set forth in Subpart A if the Provider fails to remit payment within 30 days of notification. The Director may cause an immediate stop work order where the permittee's construction, placement, maintenance or collocation poses a serious threat to the health, safety or welfare of the public until such time as such serious threat has been abated. (Ord. 2017-863-E , § 4; Ord. 2019-770-E , § 6)