Pasco County |
Code of Ordinances |
Chapter 27. COMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY |
Division 1. ADMINISTRATION, ENFORCEMENT, APPEALS |
§ 27-10. Enforcement of permit obligations; suspension and revocation of permits.
(a)
The county administrator or designee may order the suspension of placement and maintenance 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. A substantial breach by the registrant 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 county or its citizens;
(3)
Any material misrepresentation of fact in the process of registrant's request for a permit or registration;
(4)
The failure to maintain the required performance bond or insurance;
(5)
The failure to properly restore the public rights-of-way;
(6)
The failure to correct within the specified time an order issued by the county administrator or designee;
(7)
The failure to register, re-register, or provide notice of any transfer in accordance with this chapter;
(8)
The failure to relocate or remove facilities pursuant to this chapter and F.S. §§ 337.402, 337.403 and 337.404, as amended; or
(9)
The failures to provide signed and sealed structural certification.
(b)
If the county administrator or designee determines that the registrant has committed a substantial breach of a term or condition of the permit, the county administrator or designee shall make a written demand upon the registrant 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 county administrator or designee, at his or her discretion, may place additional or revised permit conditions on the permit following a substantial breach.
(c)
Within 30 days of receiving notification of the breach, the registrant shall contact the county administrator or designee with a plan, acceptable to the county administrator or designee, for its correction. The county shall provide additional time as reasonably necessary for a registrant to establish a plan acceptable to the county administrator or designee taking into account the nature and scope of the alleged breach. The registrant's failure to so contact the county administrator or designee, or the registrant's failure to submit an acceptable plan, or the registrant's failure to reasonably implement the approved plan, shall be cause for revocation of the permit. Further, the registrant's failure to contact the county administrator or designee, or the registrant's failure to submit an acceptable plan, or registrant's failure to implement the 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 section 27-11.
(d)
If a permit is revoked, the registrant shall reimburse the county for the county's reasonable costs, including restoration costs, administrative costs, and the cost of collection and reasonable attorney's fees incurred in connection with such revocation.
(e)
The county administrator or designee may cause an immediate stop work order where the registrant's construction poses a serious threat to the health, safety or welfare of the public until such time as such serious threat has been abated.
(Ord. No. 17-51, § 3, 12-12-17)