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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 />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 />8. 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 />11. Circumstances arise under which failure to revoke the permit and <br />remove the facility would result in hazardous or dangerous <br />conditions, or otherwise compromise the safety of the PROW. <br />(e) Notice of Action. A written determination of revocation shall be mailed to <br />the applicant within ten (10) days of such determination. <br />(f) An applicant whose permit has been revoked may have the revocation <br />reviewed, upon written appeal as follows: <br />1. Within fourteen (14) days of the revocation, a written appeal shall <br />be filed with the Director. The appeal must contain a statement <br />listing the reasons why the applicant believes that the revocation <br />Ordinance No. NS -XXX <br />Page 13 of 21 <br />11A-15 <br />