§ 5. Rights to the city; remedy, due process, notification.  


Latest version.
  • The right is hereby reserved to the city to adopt, in addition to the provisions contained herein, and in existing applicable ordinances, such additional regulations as it may find necessary in the exercise of its regulatory power, provided that such regulations by ordinance or otherwise shall be reasonable and not in conflict with the rights granted herein.

    The city shall have the right to revoke and terminate this permit at any time for cause upon giving of ninety (90) days written notice thereof to the permittee. Revocation and termination action shall proceed if, after sixty (60) days from written notification of a violation by the city, permittee fails to correct such violation. In the event the violation is not reasonably curable within sixty (60) days, this permit shall not be terminated if the permittee provides a plan to correct said violation and continues to demonstrate good faith in seeking to correct said violation. Notification of revocation and termination shall be by ordinance duly adopted following an appropriate public proceeding affording due process. Causes for termination and revocation shall be a finding of fact that the permittee willfully:

    (a)

    Violates any provision of this permit except where such violation is without fault or through excusable neglect;

    (b)

    Become insolvent, unable to pay its debts or is adjudged as bankrupt;

    (c)

    Attempts to evade any of the provisions of this permit or practices any fraud or deceit upon the city.