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(v) For the applicant's refusal to comply with reasonable <br />conditions required by the Director; and <br />(vi) For any other reason to protect the public health, safety <br />and welfare, provided that such denial does not fall within the exclusive <br />authority of the Missouri Public Service Commission and is imposed on a <br />competitively neutral and nondiscriminatory basis. <br />4. Permit Revocation and Ordinance Violations. <br />(a) The Director may revoke a Facilities Permit without fee <br />refund after notice and an opportunity to cure, but only in the event of a <br />substantial breach of the terms and conditions of the permit or this <br />Ordinance. Prior to revocation the Director shall provide written notice to the <br />responsible Person identifying any substantial breach and allowing a reasonable <br />period of time not longer than thirty (30) days to cure the problem, which cure <br />period may be immediate if certain activities must be stopped to protect the <br />public safety. The cure period shall be extended by the Director on good cause <br />shown. A substantial breach includes, but is not limited to, the following: <br />(i) A material violation of the Facilities Permit or this <br />Ordinance; <br />(ii) An evasion or attempt to evade any material provision of <br />the Permit or this Ordinance, or the perpetration or attempt to perpetrate any <br />fraud or deceit upon the City or its residents; <br />(iii) A material misrepresentation of fact in the permit <br />application; <br />(iv) A failure to complete Facilities installation by the date <br />specified in the Permit, unless an extension is obtained or unless the failure to <br />complete the work is due to reasons beyond the applicant’s control; and <br />(v) A failure to correct, upon reasonable notice and <br />opportunity to cure as specified by the Director, work that does not conform to <br />applicable national safety ordinances, industry construction standards, or the <br />City's pertinent and applicable ordinances, including but not limited to this <br />Ordinance, provided that City standards are no more stringent than those of a <br />national safety ordinance. <br />(b) Any breach of the terms and conditions of a Facilities <br />Permit shall also be deemed a violation of this Ordinance, and in lieu of <br />revocation the Director may initiate prosecution of the Applicant or the Facilities <br />Owner for such violation. <br />Page 4 of 8 <br /> <br />