The commissioner may refuse to issue permits and may revoke any outstanding permits
issued or any portion thereof, where the work has not been started, when the work
authorized by the permit or any portion thereof is included in the proposed work to
be done by any existing assessment district or by any proposed assessment district
for which formation proceedings have been instituted by the board of supervisors.
Upon such partial or complete revocation of a permit, all or a pro rata portion, as
the case may be, of the cash deposit or other security of applicant, shall be returned
or all or a pro rata portion, as the case may be, of any bond posted shall be exonerated,
provided all fees and charges due have been first paid in full.
(b)
The commissioner shall not issue any permit under this article while the applicant
is in default of any terms or conditions of any prior excavation permit issued by
the commissioner. If there is a question of fact as to the applicant's compliance
with any permit issued prior to the permit in question, the applicant may apply to
the board for a review of the commissioner's denial of the permit. If the board shall
find as a matter of fact that the applicant is not in default under any prior permits,
it may order the issuance of a permit to the applicant.
(Ord. No. 1491, § 23)
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