(A) Denial of permit.
(1) Mandatory denial. Except in the case of an emergency, no right-of-way permit will be granted:
(a) To any person required to be registered who has not done so;
(b) To any person as whom there exists grounds for the revocation of a permit; and
(c) If the issuance of a permit for the particular date and/or time would cause a conflict or interfere with a public event, festival or celebration, including, but not limited to, the Governor’s Cup Golf Classic. The district shall be guided by the safety and convenience of the ordinary travel of the public over the right-of-way and by considerations relating the public health, safety and welfare.
(2) Discretionary denial. The district may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of the ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The district, in its discretion, may consider one or more the following factors:
(a) The extent to which the right-of-way space where permit is sought is available;
(b) The competing demands for the particular space in the right-of-way;
(c) The availability of other locations in the right-of-way or in other rights-of-way for the facilities of the particular company;
(d) The applicability of ordinances or other regulations of the right-of-way that affect location of the facilities in the rights-of-way;
(e) The degree of compliance of the applicant with the terms and conditions of its franchise, this chapter and other applicable ordinances and regulations;
(f) The degree of disruption to the surrounding communities and businesses that will result from the use of that part of the right-of-way;
(g) The condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction;
(h) The balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way; or
(i) Whether the applicant, has over the previous two years, complied with the provisions of this chapter.
(B) Work done without a permit.
(1) Emergency situations. Each registrant shall immediately notify the district of any emergency involving its facilities. The registrant shall take whatever actions are necessary to respond to the emergency.
(2) Non-emergency situations. Except in the case of an emergency, any person who obstructs or excavates a right-of-way without a permit must subsequently obtain a permit, pay double the normal permit fee, pay double all other fees required by the ordinance, deposit with the district the fees necessary to correct any damage to the rights-of-way and comply with all requirements of this chapter.
(C) Revocation of permits.
(1) Any permit may be revoked by the district following a revocation hearing held by the Board of Supervisors upon not less than ten days’ written notice thereof to the permittee.
(2) If a permit is revoked, the permittee shall reimburse the district for its reasonable costs, including restoration costs and the costs of collection and reasonable attorneys fee incurred in connection with such revocation.
(Prior Code, § 5-29)