§ 12.14.170. Revocation or suspension—Notice and hearing.

A.

A notice of intent to revoke or suspend an operator's or sponsor's permit shall be personally delivered or mailed, at the direction of the director, to the party named and to the address given on the application pursuant to which such permit was issued; shall state grounds for suspension or revocation; and shall give the permit holder notice of a hearing thereon which shall be convened within 10 days of notice. The notice shall advise the party of the date, time and place of hearing, that they may be represented by counsel and any other information deemed proper.

B.

The director shall preside over the hearing and shall consider testimony of city staff and the permit holder, if present, and any other evidence which the director determines to be relevant to any matter at issue.

C.

At the hearing, the director may revoke or suspend the permit by making one of the findings under subsection C of Section 12.14.160 based upon substantial evidence.

D.

Within 15 days after the conclusion of the hearing, the director shall render a decision, and shall mail notice of the decision to the permit holder.

E.

A decision to revoke or suspend a permit shall become effective on the 15th day after the date of notice of the decision unless appealed as provided in Section 12.14.180.

F.

Upon delivery of a notice of decision to revoke or suspend a sponsor's permit, the city shall have the right to require the immediate removal of all obstructions in the public right-of-way, and may perform such removal if the permittee fails to do so. The permittee shall reimburse the city for any expense incurred by the city in removing any obstruction. Should the permittee continue to use the public right-of-way after the permit has been revoked or suspended, the city may, in addition to other remedies and actions, take appropriate action to restrain the use of the public right-of-way by permittee and, in such event, the permittee shall reimburse the city for its reasonable costs and expenses in connection therewith, including reasonable attorney's fees and court costs.

If a permit is revoked or suspended by the city, permittee is entitled to a pro rata refund of the regular permit fee.

(Ord. 6706 § 12, 1997; Ord. 6546 § 2 (part), 1993)