(A) Permit denial.
(1) The Department may deny any application only if the applicant does not comply with all provisions of this subchapter to the extent consistent with law, or if the Department determines that approval of any resulting small wireless facility permit would:
(a) Materially interfere with the safe operation of traffic-control equipment;
(b) Materially interfere with a sight line or a clear zone for transportation or pedestrians;
(c) Materially interfere with compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., or a similar federal or state standard regarding pedestrian access or movement;
(d) Be in violation of applicable law or other legal obligations;
(e) Create a public health or safety hazard;
(f) Obstruct or hinder the usual travel or public safety of the right-of-way; or
(g) Obstruct, damage or interfere with another utility facility in a right-of-way or a utility’s use of the utility’s facility in a right-of-way.
(2) If the Department denies an application, the Department shall document the basis for the denial, including any specific law on which the denial is based, and send the documentation to the applicant on or before the day on which the Department denies the application.
(B) Opportunity to resubmit denied application. Within 30 days after the day on which the Department denies an application, the applicant may, without paying any additional application fee, cure any deficiency the Department identifies in the applicant’s application and resubmit the application. If an applicant resubmits an application, the Department shall approve or deny a permit pursuant to the application within 30 days after the day on which the Department receives the revised application. A review of an application revised in accordance with this division (B) is limited to the deficiencies documented as the basis for denial unless the applicant has modified a portion of the application not documented by the Department in its basis for denial to which the applicant is responding.
(C) Permit revocation. The Department may revoke a small wireless facility permit, with or without refund, in the event of a substantial breach of the terms and requirements of any statute, ordinance, rule or regulation, or any material condition of the small wireless facility permit. A substantial breach includes, but is not limited to, the following:
(1) A material violation by act or omission of a provision of a small wireless facility permit;
(2) An evasion or attempt to evade any material provision of a small wireless facility permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) A material misrepresentation of fact in an application;
(4) A failure to complete collocation of a small wireless facility or installation, modification, or replacement of a utility pole or wireless support structure within 270 days of the date a small wireless facility permit authorizing such activity is granted, unless the Department and the permittee agree to extent the 270-day period or there is a lack of commercial power or communications transport infrastructure to the installation site;
(5) A failure to correct, in a timely manner, collocation of a small wireless facility that does not conform to applicable standards, conditions or codes, upon inspection and notification by the Department of the faulty condition;
(6) A permittee fails to make timely payments of any fees as required under § 152.044 of this chapter, or any other fee due to the city, and does not correct such failure within 20 days after receipt of written notice by the Department of such failure; or
(7) A permittee becomes insolvent, unable or unwilling to pay its debts, is adjudged bankrupt or all or part of its small wireless facilities are sold under an instrument to secure a debt and is not redeemed by the permittee within 60 days.
(D) Prohibited denial or revocation. The Department shall not unreasonably withhold issuance of or unreasonably revoke a small wireless facility permit.
(E) Written notice required. Any denial or revocation of a small wireless facility permit shall be made in writing and shall document the basis for the denial. The Department shall notify the applicant or permittee the day of a decision to deny or revoke a small wireless facility permit. An applicant may cure any deficiencies identified by the Department and resubmit the denied application within 30 days of the denial without paying an additional application fee. The authority shall approve or deny the revised application within 30 days. Any subsequent review shall be limited to the deficiencies cited in the denial.
(Prior Code, § 33.02.080) (Ord. 19-06, passed 2-15-2019)