(a) Application.
(1) The application for a right-of-way permit shall be on a form provided by the City.
(2) The applicant is required to provide all of the information requested on the application form.
(3) Upon written request of an applicant, the Director of Public Service may modify any requirements if in his or her reasonable discretion such modification serves the purposes of this Chapter and the City's need to manage its public rights-of-way.
(b) Approval; Denial; Revocation, Suspension; Appeal.
(1) Approval or Denial of Application.
A. The Director of Public Service shall grant or deny, in writing, an application for a permit to occupy or use the right-of-way within sixty (60) days of the date on which the person filed the application with the City.
B. The Director of Public Service may withhold or delay its approval to an application to occupy or use the right-of-way based on a failure to provide requested information or the applicant's failure to possess the financial, technical and managerial resources necessary to protect the public health, safety and welfare, or for other reasons based on the health, safety and welfare of the City and in accordance with Ohio law.
C. If the Director of Public Service denies an application to occupy or use the right-of-way, the Director of Public Service shall provide the reasons in writing for denying the application.
D. A permit to occupy or use the right-of-way shall set forth the any specific terms or conditions that may apply to the approval to occupy or use the right-of-way.
(2) Suspension or Revocation of a Permit.
A. City may revoke or suspend a permit granted pursuant to this Chapter, for any one of the following reasons:
1. Construction, reconstruction, operation or excavation at an unauthorized location.
2. Construction, reconstruction or operation in violation of City's safety and/or construction requirements.
3. Material misrepresentation by or on behalf of a service provider or contractor in any application or registration required by this Chapter.
4. Failure to relocate or remove facilities, or failure to restore the right-of- way, as required by this Chapter.
5. Insolvency or bankruptcy of the service provider or contractor.
6. Violation of material provisions of this Chapter.
B. In the event that the Director of Public Service believes that grounds exist for revocation or suspension of a permit to occupy or use the right-of-way, he or she shall give the permittee, service provider or contractor written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the permittee, service provider or contractor a reasonable period of time, not exceeding thirty (30) days, to furnish evidence that corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; or that rebuts the alleged violation or noncompliance; or that a lesser penalty or sanction would better serve the public interest.
(3) Appeal.
A. An applicant or permittee may appeal any decision of the Director of Public Service regarding a denial, revocation or suspension of consent to occupy or use the right-of-way, initial or annual registration, or construction permit, or denial for a request for modification or waiver of any requirements of this Chapter.
B. Within ten (10) calendar days of a written decision of the Director of Public Service or within sixty (60) days of the filing of the application if no action was taken, an applicant or permittee may file a written appeal to the Right-of-Way Appeals Board seeking relief from an adverse decision of the Director of Public Service.
C. The Right-of-Way Appeals Board shall consist of the Mayor or his designee, the Director of Planning and Zoning, and the Director of Finance, and shall hear appeals pursuant to procedures established by the Board.
1. The Board shall consider all relevant factors including, but not limited to:
a. The purpose of the Director of Public Service's decision or requirement of this Chapter from which relief is requested; whether the Director of Public Service's decision or the requirement of this Chapter is necessary or appropriate to protect the interests of the City.
b. The health, safety and general welfare of the City's residents, the general public, and properties in the City.
c. The purposes and intent of this Chapter; and the extent of the hardship, economic or otherwise, the applicant or permittee will bear if the requested relief is not granted.
2. The Board of Right-of-Way Appeals shall issue a written decision within thirty (30) days of the filing of the appeal, unless such a period is waived by the application, setting forth the Board's reasons for granting or denying the petition for relief. The decision of the Board is the final decision of the City on the appeal.
(Ord. 2019-55. Passed 6-3-19.)