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the following: the violation of any material provision of the right-of-way permit; an evasion or <br />attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt <br />to perpetrate any fraud or deceit upon the City or its residents; any material misrepresentation of <br />any fact in the permit application; the failure to maintain the required bond or insurance; the <br />failure to complete the work in a timely manner; the failure to correct a condition indicated on an <br />order issued by the director of public works; repeated traffic control violations; or failure to <br />repair facilities damaged in the right-of-way, to the satisfaction of the director of public works. <br />If a right-of-way permit is revoked, the permittee shall reimburse the City for the City's <br />reasonable costs, including administrative costs, restoration costs, the costs of collection and <br />reasonable attorneys' fees incurred in connection with such revocation. <br /> <br />3. Permit Appeal. Whenever a permittee shall deem itself aggrieved by any decision or <br />action taken by the director of public works, the permittee may file an appeal to the city manager <br />within ten (10) calendar days of the date of notice of such decision or action. The permittee shall <br />be afforded a hearing on the matter before the city manager within thirty (30) days of filing the <br />appeal. The city manager's decision shall be final. <br /> <br />4. The violation of any provision of this section is hereby deemed to be grounds for ' <br />revocation of any City-issued permits, denial of future permits, and removal from the Public <br />Works Department's list of entities registered to operate within the City. <br /> <br />IN. State Public Right-of-Way Law <br />I~' any provision of this section or a rule or regulation adopted pursuant to this section conflicts <br />with state law on the public right-of-way, Sections 67.1830 RSMo to 67.1846 RSMo, such state <br />law shall prevail to the extent required by law, and the City's authority shall be limited to that <br />permitted thereunder. <br /> <br />Section 2. The fee schedule recommended by the director of public works, a copy of which is <br />attached hereto, is hereby authorized and approved and can be adjusted by the director of public <br />works as provided herein. <br /> <br />Section 3. This ordinance shall not be construed so as to relieve any person, firm or corporation <br />from any penalty heretofore incurred by the violation of Section 12.04.070 herein, nor bar the <br />prosecution for any such violations. <br /> <br />Section 4. Any person, firm, or corporation violating of any of the provisions of this ordinance <br />shall, upon conviction thereof, be subject to the penalty provided in Chapter 1.12, Section <br />1.12.010 of the University City Municipal Code. <br /> <br />Section 5. This ordinance shall take effect and be in force from and after its passage as provided <br />by law. <br /> <br /> <br />