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6.4.A. - Page 21 work site; (5) That 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; and (6) That 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. 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 therefore. Such notice may order the immediate stoppage of the work being performed 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 on such termination or revocation by submitting a written request 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. An appeal to the City Council of the decision of the Director may not be made prior to the date of the notice of final decision of the Director. Failure to request a hearing before the Director 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 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 Council. A timely appeal shall result in a stay of any decision of the Director, except that a work stoppage order may remain in effect. The appeal will be heard in accordance with the provisions 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 City Council shall be final. Sec. 29.23. Removal upon Termination/Revocation. Upon final determination of termination/revocation of any Permit issued pursuant to this chapter, the permittee shall promptly remove all property belonging to permittee from the right-of-way and restore the right-of-way to its former condition. If permittee fails to so remove its property and so restore the right-of- way, the City may remove such property and restore the right-of-way or City property to its former condition. The permittee shall reimburse the City upon demand for all expenses incurred by the City in removing permittee's property and restoring the right-of-way or City property. ATTY/ORD.377/AMENDING CHAPTER 29 STREETS, SIDEWALKS AND DRIVEWAYS REV: 11-16-12 JS Page 18 of 28