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ATTY/ORD.0006/CC ORD AMENDING MUNICIPAL CODE CHAPTER 29 – EXHIBIT A REV: 07-11-24 VR Page 14 of 16 such structure, cable equipment or other facilities shall vest in the City. Abandonment shall be presumed if the permittee stops use of its property, equipment, structures, facilities or other property placed in the right-of-way or City property, for a period of one hundred eighty (180) days. Notwithstanding the foregoing, for outdoor business activities, abandonment shall be presumed if the permittee stops use of its property for a period of thirty (30) days. Sec. 29.21. - REVOCATION OF PERMIT: A. The Director may revoke and terminate any encroachment permit granted pursuant to this Chapter upon complaint based upon substantial evidence of any of the following: (1) the permittee failed to pay when due, any fee as required by the permit; (2) the conditions of the permit are being or have been violated; (3) the provisions of this Chapter or any other City, state or federal regulation are being or have been violated; (4) the construction activity caused unreasonable disturbance in the vicinity of the work site; (5) a delay in the completion of the work or use authorized by an encroachment permit is due to lack of diligence on the part of the permittee; (6) the right-of-way or City property or any portion thereof, occupied and used by the permittee is needed for a public use and relocation of the permittee's facilities is not practicable; or (7) the right-of-way or City property or any portion thereof, occupied and used by the permittee for outdoor business activity is not being maintained in a manner consistent with the encroachment permit and/or guidelines. B. To terminate or revoke a permit, the Director shall deliver or mail by certified mail to the business address shown on the permit application, a written notice that said permit is terminated or revoked, listing the grounds therefor. Such notice may order the immediate stoppage of the work being performed or encroachment authorized under the permit, pending any hearing on the revocation. A terminated or revoked permit shall be surrendered to the Director on demand. C. The permittee may request an informal hearing before the Director on such termination or revocation by submitting a written request to the Director within ten (10) days after the date of the notice of revocation and shall set forth specifically the basis and grounds for the hearing. If a hearing is not requested within ten (10) days of the date of notice, the revocation is final and shall take effect on the eleventh day after the date of the notice. If a hearing is requested, no revocation shall take effect until after the hearing and date of the notice of final decision of the Director or their designee. The decision of the Director or their designee is final. Failure to request a hearing before the Director or their designee constitutes a waiver of the right to a hearing and the right to appeal the termination/revocation. Sec. 29.22. - APPEAL OF TERMINATION/REVOCATION: The permittee may appeal the final termination/revocation decision of the Director or their designee within ten (10) days of the date of notice of final termination/revocation decision by submitting to the City Clerk a written notice of the permittee's intention to appeal to the City Manager or their designee. A timely appeal shall result in a stay of any decision of the Director or their designee, except that a work stoppage order may remain in effect. The appeal will be heard in accordance with the provis ions set forth in Chapter 1 of this Code. Failure to appeal in writing within the prescribed time constitutes a waiver of the right to appeal the decision of the Director or their designee. The decision of the City Manager or their designee on appeal shall be final.