§ 66-52. Enforcement of permit obligations.

(a)

The public services director or land development director may order the suspension of work under a permit and ultimately may revoke any permit, without refunding any fees, in the event of a substantial breach of the terms and conditions of any applicable statute, ordinance, rule or regulation, or any condition of the permit. The types of substantial breach by permittee may include, but are not limited to:

(1)

The violation of any material provision of the permit;

(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 village or its citizens;

(3)

Any material misrepresentation of fact in the process of permittee's request for a permit or registration;

(4)

The failure to maintain the required construction bond or insurance;

(5)

The failure to properly restore the rights-of-way;

(6)

The failure to correct within the specified time an order issued by the department inspector; or

(7)

The failure to register, re-register, or provide notice of any transfer in accordance with this article.

(b)

If the public services director or land development director determines that the permittee has committed a substantial breach of a term or condition of the permit, the public services director or land development director shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach, as stated above, will allow the public services director or land development director, at his or her discretion, to place additional or revised conditions on the permit.

(c)

Within five calendar days of receiving notification of the breach, permittee shall contact the land development director with a plan, acceptable to the land development director, for its correction. Permittee's failure to so contact the land development director, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for revocation of the permit. Further, permittee's failure to so contact the public services director, or the permittee's failure to submit an acceptable plan, or permittee's failure to implement the approved plan, shall be cause for the permittee to be placed on probation for one full year.

(d)

The land development director may establish a list of conditions of any permit which, if breached, will be cause for the permittee to be placed on probation for one full year, such as, but not limited to, working out of the allotted time period or working on rights-of-way significantly outside of the permit. These conditions shall be stated on the permit.

(e)

If a permittee, while on probation, commits a breach as outlined above, permittee's permit may be revoked and not be allowed further permits for one full year, except for emergency repairs and service requirements as mandated by state or federal regulations.

(f)

If a permit is revoked, the permittee shall also reimburse the village for the village's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation.

(g)

The department inspector may issue an immediate stop work order where the permittee's construction poses a serious threat to the health, safety or welfare of the public until such time as such serious threat has abated.

(Ord. No. 2015-28, § 3, 9-25-2015)