16.10.170 Revocation, Termination, and Modification of Permits.
A. In addition to all other rights and powers retained by the City, the City shall have the right to revoke any permit granted hereunder and to terminate all rights and privileges of the permit hereunder in the event of a substantial breach of the terms and conditions of said permit. A substantial breach shall include, but shall not be limited to, the following:
1. Violation of any material provision of this Chapter or of any material provision of a permit granted pursuant to this Chapter;
2. Any attempt to evade any material provision of a permit granted under this Chapter or to practice any fraud or deceit or deception upon the City;
3. The failure to obtain permits for or to begin or complete construction as provided under this Chapter or a permit granted under this Chapter;
4. Material misrepresentation of fact in the application for or negotiation of a permit under this Chapter; or
5. Failure to pay any fee or other payment required by this Chapter or a permit granted hereunder when due. Failure to pay said fee shall also require the telecommunications carrier to pay interest on any past-due fee or compensation to the City at the rate of 1.5% per month on the unpaid amount.
B. It is the intent of the City Council to regulate the installation of small wireless facilities in the PROW in a manner consistent with applicable state and federal law, including but not limited to the FCC’s Declaratory Ruling and Third Report and Order, In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 83 FR 51867-01 (adopted September 26, 2018 and released September 27, 2018, hereinafter "FCC Report and Order"). In the event that the FCC Report and Order, or other applicable federal or state law, is invalidated, modified, or limited in any way that expands the City’s authority with respect to the placement and/or design of the small wireless facility, the Director may review and revoke or modify any permit issued under this Chapter based on any amendments to this Chapter, or based on new regulations established pursuant to Section 16.10.200.B. The requirements of this paragraph shall be included as a condition of approval of any permit issued pursuant to this Chapter. (Ord. 7726-NS § 1 (part), 2020: Ord. 7083-NS § 4 (part), 2009)