(a) Applications for Cable Television Franchises shall be processed and granted or denied pursuant to Chapter 705 of the Codified Ordinances: provided, however, that a Cable Franchise shall only entitle the Franchisee to utilize the Rights-of-Way, in accordance with Chapter 705, for purposes directly related to the provision of the Cable Television Service. Any other Right-of-Way use by such Franchisee shall require a separate Permit, unless specifically contained in an existing franchise agreement.
(b) Applicants for Telecommunication or Utility Permits or renewals thereof, shall file an application therefor, in such form as the Director may require, along with an application fee of one thousand dollars ($1,000). The Director shall determine if the application is in order, and, if so, forward the application to Council to determine, as expeditiously as is reasonably possible, whether or not, in accordance with the criteria set forth in this chapter, the Applicant should be granted a Permit hereunder. Council shall make a final determination as to whether or not such Permit should be granted, and, if so, upon what terms and conditions. Telecommunications and Utility Permits shall be granted for a term not to exceed ten years.
(c) Applicants for Special Permits, or renewals thereof, shall file an application therefor, in such form as the Director requires along with an application fee of three hundred dollars ($300.00). The Director shall determine if the application is in order, and, if so, and if the Director also finds, in accordance with the criteria set forth in this chapter, that the application should be granted, the Director shall grant or renew such Permit. The Director shall determine the appropriate amount of insurance coverage required relative to each Special Permit. The terms of Special Permits shall be determined by the Director but shall not, in any event, exceed ten years.
(d) Applicants for Residential Permits shall file an application therefor, in such form as the Regulations require, along with an application fee of twenty-five dollars ($25.00). The Director shall determine if the application is in order and, if so, shall grant the application so long as the Director also finds, in accordance with the criteria set forth in this chapter, that the application should be granted. Residential Permits shall be valid until canceled by the Director upon sixty days written notice to the Permittee, provided, however, that upon a finding by the Director that an emergency exists, the Director may cancel any such Permit
upon such lesser notice as is necessary under the circumstances.
(f) Any Applicant may appeal the failure of the Director to grant a Permit or to recommend it to be granted upon terms and conditions acceptable to the Applicant. In order to perfect such appeal, the Applicant shall file, within ten days of the Director's determination or recommendation or ninety days of the filing of the application if the Director has taken no action, an appeal to Council. Council shall then review the matter and render a final determination after affording the Applicant an opportunity to be heard either in person or in writing. Except to the extent otherwise appealable by law, Council's decision shall be final.
(g) A Permittee that desires to renew its Permit under this Chapter shall, not more than 180 days nor less than 90 days before expiration of the current Permit, file an application with the City for renewal of its Permit which shall include the information required in the original application plus any additional information reasonably required by the Director. Within ninety days after receiving a complete application under this section, the City shall use its Best Efforts to issue a written determination granting or denying the renewal application in whole or in part, applying the criteria set forth in this Chapter. If the renewal application is denied, the written determination shall include the reasons for nonrenewal. No Permit shall be renewed until any ongoing violations or defaults in the Permittee's performance of the Permit, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the Permittee has been approved by the City.
(Ord. 97-36. Passed 12-1-97.)