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work in the fight-of-way at any timeto ensure that all requirements of the approved permit are being met by the permittee. Any ROW-user who is found to be working .in the public fight-of- way without a permit or contrary to the permit requirements will be directed to stop work until a permit is issued and properly posted at the work site, or until the permit requirements are met to the satisfaction of the director .of public works. Any permittee found to be working without providing for required safety and traffic control will be directed to stop work until the appropriate measures are implemented in accordance with the current edition of the Manual on Uniform Traffic Control Devices. The director of public works may order the immediate cessation of any work which poses a threat to the life, health, safety, or well-being of the public. M. Denial, Revocation and Appeal of Permit 1. Permit Denial. The director of public works may deny a permit to protect the public health, safety and welfare; to prevent interference with the safety and convenience of ordinary travel over the fight-of-way; or when necessary, to protect the fight-of-way and its users. Except in the case of an emergency, the director of public works may automatically deny a permit for an applicant in the following events: facilities work is sought which requires excavation of any portion of the paved public fight-of-way which was constructed or reconstructed in the preceding five years, or has a pavement condition index (PC1) greater than eighty-five (85), as determined by the director of public works; the applicant, contractor or facilities owner owes undisputed past-due fees from prior permits, or is in violation of the provisions of this section; the applicant, contractor, or facilities owner has failed to return the public fight-of-way to its previous and acceptable condition under previous permits; the facilities work will cause undue disruption to existing or planned utilities, transportation, public or City use; or failure to pay for damages caused to any City facilities from prior facilities work by the applicant or facilities owner. The director of public works, at his or her discretion, may consider one or more of the following factors in denial of the permit: the extent to which the fight-of-way space where the permit is sought is available; the competing demands for the particular space in the fight-of-way; the availability of other locations in the affected fight-of-way or in other fights-of-way for the facilities of the applicant; the applicability of any ordinance or other regulations that affect location of facilities in the right-of-way; the degree of compliance of the applicant with the terms and conditions any fight-of-way use agreement with the City, this section, and other applicable ordinances and regulations; the degree of disruption to surrounding communities and businesses that will result from the use of that part of the fight-of-way; the condition and age of the right-of- way, and whether the fight-of-way was constructed or reconstructed within the preceding five years; the balancing of the costs of disruption to the public and damage to the fight-of-way, against the benefits to that part of the public served by the construction in the fight-of-way; whether the applicant maintains a current registration with the City; whether the applicant has failed within the last three years to comply with, or is presently not in full compliance with, the requirements of this section; whether the applicant owes monies to the City; whether the issuance of a right-of-way permit for the particular dates and/or time requested would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. In exercising this discretion, the director of public works shall be guided by the safety and convenience of anticipated travel of the public over the fight-of-way. Notwithstanding the above provisions, the director of public works may, in his or her discretion, issue a right-of-way permit in any case where the permit is necessary to prevent substantial economic hardship to a user of the applicant's service, and allow such user to materially improve the service provided by the applicant. 2. Permit Revocation, The director of public works may revoke any fight-of-way permit, without refund of the permit fee, in the event of a substantial breach of the terms and conditions of any law or the fight-of-way permit. A substantial breach shall include, but not be limited to, 7