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2001-009 Ordinance
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2001-009 Ordinance
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North Olmsted Legislation
Legislation Number
2001-009
Year
2001
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CHAPTER 930: Use of Public Rights of Way <br />(4) Any transfer or assignment of a Use Permit without prior approval of the City <br />under this Section shall be void and is cause for revocation of the grant. <br />(dd) Transactions Affecting Control of Permit: Any transactions which singularly or <br />collectively result in a change of ten percent (10%) or more of the ownership or <br />working control of a Use Permit Holder, of the ownership or working control of the <br />Permit Holder or of a Facility, or of control of the capacity or bandwidth of the <br />Permit Holder's System, Facilities or substantial parts thereof, shall be considered an <br />assignment or transfer requiring City approval pursuant to Section 930.11, <br />Subsection (cc) hereo£ Transactions between Affiliated entities are not exempt from <br />City approval. <br />(ee) Revocation or Termination of Permit: A Use Permit granted by the City to use ar <br />occupy Public Ways of the City may be revoked for any one of the following <br />reasons: <br />(1) Construction, reconstruction, installation, location, operation or Excavation in <br />the City or in the Public Ways of the City without a Use Permit. <br />(2) Construction, reconstruction, installation, location, operation or Excavation at <br />an unauthorized location. <br />(3) Construction, reconstruction, installation, location, operation or Excavation in <br />violation of City safety and/or construction requirements. <br />(4) Unauthorized substantial transfer of control of the Permit Holder. <br />(5) Misrepresentation or lack of candor by or on behalf of a Permit Holder in any <br />permit application or registration required by the City. <br />(6) Abandonment of Facilities in the Public Ways. <br />(7) Failure to relocate or remove Facilities, or failure to restore Public Ways, as <br />required in this Ordinance. <br />(8) Failure to pay taxes, compensation, fees or costs when and as due the City. <br />(9) Insolvency or bankruptcy of the Permit Holder. <br />(10) Violation of material provisions of this Ordinance. <br />(ff) Notice and Duty to Cure: In the event that the Service Director believes that <br />grounds exist for revocation of a Use Permit, he shall give the Permit Holder written <br />notice of the apparent violation or noncompliance, providing a short and concise <br />statement of the nature and general facts of the violation or noncompliance, and <br />providing the Permit Holder a reasonable period of time not exceeding thirty (30) <br />days to furnish evidence of any or all of the following: <br />(1) That corrective action has been, or is being actively and expeditiously pursued, <br />to remedy the violation or noncompliance. <br />(2) That rebuts the alleged violation or noncompliance. <br />(3) That it would be in the public interest to impose some penalty or sanction less <br />than revocation. <br />(gg) Standards for Revocation or Lesser Sanctions: If persuaded that the Permit Holder <br />has violated or failed to comply with material provisions of this Ordinance, the <br />Service Director shall determine whether to revoke a Use Permit, or to establish some <br />EXHIBIT A
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