Laserfiche WebLink
of the renewal is in full compliance with the applicable City permits issued for the site, <br />and pay the fees for renewal. Additionally, the applicant must provide an affidavit <br />confirming that the site is still in compliance with the FCC regulations. Additional <br />procedural and substantive requirements may be detailed in the Guidelines. Failure to <br />submit such an affidavit or proof of legal authority to occupy or use the PROW, or to <br />meet any additional requirements regarding renewal specified in the Guidelines, shall <br />be grounds for non -renewal of the permit. The burden is on the applicant to <br />demonstrate that the site complies with the requirements herein. <br />Sec. 33.242. - Appeal. <br />Any interested person may appeal the decision of the Director pursuant to <br />Chapter 3 of this Code. <br />Sec. 33-243. - Revocation. <br />Any wireless facility permit may be revoked or modified for cause in accordance <br />with the provisions of this Section. <br />(a) Revocation proceedings may be initiated by the Director. <br />(b) Public notice of the hearing shall be given. <br />(c) After conducting a duly -noticed public hearing, the Director or designee <br />shall act on the proposed revocation. <br />(d) Required Findings. The Director or designee may revoke or modify the <br />permit if the Director makes any of the following findings: <br />1. The applicant obtained the approval by means of fraud or <br />misrepresentation of a material fact. <br />2. The applicant substantially expanded or altered the use or <br />structure beyond what is set forth in the permit or substantially <br />changed the character of the facility. <br />3. The facility has not been utilized for six (6) months or more. <br />4. Failure to comply with any condition of a permit issued. <br />5. Failure to comply with this Article. <br />6. Failure to comply with the Guidelines. <br />7. A substantive change of law affecting to the applicant's rights to <br />occupy or use the PROW or the City's ability to impose <br />regulations relating to such occupation or use. <br />B. A facility's interference with a City project. <br />9. A facility's interference with vehicular or pedestrian use of the <br />PROW. <br />10. Failure to make a safe and timely restoration of the PROW or <br />failure to address damage or disrepair with respect to the wireless <br />facility and/or its supporting structure. <br />Ordinance No. NS -XXX <br />Page 13 of 21 <br />50A-17 <br />