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If the Hearing Examiner determines that a Grantee willfully violated or failed to comply with any of the provisions of this Chapter or a Master Permit, or through willful misconduct or gross negligence failed to heed or comply with any notice given the Grantee by the City under the provisions of this Chapter, then the Grantee shall, at the election of the Hearing Examiner, forfeit all rights conferred hereunder and the Master Permit may be revoked or annulled by the Hearing Examiner. The Hearing Examiner may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies, including but not limited to, denying pending permit applications or obtaining an order from the Superior Court having jurisdiction compelling the Grantee to comply with the provisions of this Chapter and any Master Permit or Right-of-Way Use Permit or Small Cell Permit issued thereunder, and to recover damages and costs incurred by the City by reason of the Grantee’s failure to comply. The Hearing Examiner shall consider the following factors in analyzing the nature, circumstances, extent, and gravity of the violation and in making its determination under this section:

A. Whether the misconduct was egregious;

B. Whether substantial harm resulted;

C. Whether the violation was intentional;

D. Whether there is a history of prior violations of the same or other requirements;

E. Whether there is a history of overall compliance; and

F. Whether the violation was voluntarily disclosed, admitted or cured. (Ord. 2965 § 2 (part), 2019: Ord. 2925 § 2 (part), 2018: Ord. 2175 § 1 (part), 2003).