Section 9.13    REVOCATIONS, SUSPENSIONS, REFUSALS TO ISSUE OR EXTEND PERMITS.

A.  Grounds.  The Department may refuse to issue a permit or may revoke, suspend or refuse to extend an existing permit if it finds any of the following grounds:

 (1)        The applicant or Permittee is not in full compliance with the requirements of this chapter or state or federal law;

(2)        The applicant or Permittee is seeking to perform work not included in its construction and major maintenance plan required under Section 9.12; which work was reasonably foreseeable by the applicant or Permittee at the time said plan was filed;

(3)        Issuance of a permit for the requested date would interfere with an exhibition, celebration, festival, or other event;

(4)        Misrepresentation of any fact by the applicant or Permittee;

(5)        Failure of the applicant or Permittee to maintain required bonds and/or insurance;

(6)        Failure of the applicant or Permittee to complete work in a timely manner;

(7)        The proposed activity is contrary to the public health, safety or welfare;

(8)        The extent to which right-of-way space where the permit is sought is available;

(9)        The competing demands for the particular space in the right-of-way;

(10)      The availability of other locations in the right-of-way or in other rights-of-way for the facilities of the permit applicant;

(11)      The applicability of ordinances or other regulations of the right-of-way that affect location of facilities in the right-of-way;

(l2)       The condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction.

B.  Discretionary Issuance.  Notwithstanding Subsection 1(b), the Department may issue a permit where issuance is necessary (a) to prevent substantial economic hardship to a customer of the Permittee or applicant, or (b) to allow such customer to materially improve its utility service, or (c) to allow the Permittee or applicant to comply with state or federal law or Village ordinance or an order of a court or administrative agency.

C.  Appeals.  Any person aggrieved by a decision of the Department revoking, suspending, refusing to issue or refusing to extend a permit may file a request for review with the Board of Appeals of the Village.   A request for review shall be filed within ten (10) days of the decision being appealed.  Following a hearing, the Board of Appeals may affirm, reverse or modify the decision of the Department.