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<br />(ii) An evasion or attempt to evade any material <br />provision of the Permit or this Ordinance, or the perpetration or attempt to <br />perpetrate any fraud or deceit upon the City or its residents; <br /> <br />(iii) A material misrepresentation of fact in the permit <br /> <br />application; <br /> <br />(iv) A failure to complete Facilities installation by the <br />date specified in the Permit, unless an extension is obtained or unless the <br />failure to complete the work is due to reasons beyond the applicant's <br />control; and <br /> <br />(v) A failure to correct, upon reasonable notice and <br />opportunity to cure as specified by the Director, work that does not <br />conform to applicable national safety ordinances, industry construction <br />standards, or the City's pertinent and applicable ordinances, including but <br />not limited to this Ordinance, provided that City standards are no more <br />stringent than those of a national safety ordinance. <br /> <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 <br />Facilities Owner for such violation. <br /> <br />5. Appeals and Alternative Dispute Resolution. <br /> <br />(a) Any Person aggrieved by a final determination of the <br />Director may appeal in writing to the City Manager within five business (5) <br />days thereof. The appeal shall assert specific grounds for review, and the <br />City Manager shall render a decision on the appeal within fifteen (15) <br />business days of its receipt affirming, reversing or modifying the <br />determination of the Director. The City Manager may extend this time <br />period for the purpose of any investigation or hearing deemed necessary. <br />A decision affirming the Director's determination shall be in writing and <br />supported by findings establishing the reasonableness of the decision. <br />Any Person aggrieved by the final determination of the City Manager may <br />file a petition for review pursuant to Chapter 536 of the Revised Statutes <br />of Missouri, as amended, in the Circuit Court of the County of S1. Louis. <br />Such petition shall be filed within thirty (30) days after the City Manager's <br />final determination. <br /> <br />(b) On agreement of the parties and in addition to any <br />other remedies, any final decision of the City Manager may be submitted <br />to mediation or binding arbitration. <br /> <br />Page 5 of9 <br />