(A) The issuance of a Construction Permit shall neither convey equitable or legal title in the streets, sidewalks, public property or rights-of-way.
(B) Each Construction Permit shall be non-exclusive and shall not in any manner prevent the city from granting other or further permits and agreements regarding any of the rights-of-way. Such Construction Permits and agreements shall in no way prevent or prohibit the city from using any of said properties/rights-of-way or affect its jurisdiction over them or any part of them, and the city shall retain its power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of the same as the city deems necessary, including but not limited to the dedication, establishment, maintenance, and improvement of all new rights-of-way, thoroughfares and other public properties.
(C) Conditions before a Construction Permit is issued. Except in the case of an emergency, no Construction Permit will be granted:
(1) To any person required to register and who has not registered;
(2) To any person who is currently not in substantial compliance with the requirements of this chapter.
(3) To any person who has an outstanding debt which is due and payable to the city without offset or dispute.
(4) To any person as to whom there exists grounds for the revocation of a Construction Permit until such person/registrant has corrected any such failure and/or default.
(5) To any person who has not submitted an Emergency Response Plan which shall include but not be limited to the requisites set forth in § 55.13 of this chapter.
(D) The City Engineer shall process applications for Construction Permits within the time frame provided by applicable law. Before the City Engineer denies issuance of a Construction Permit, the City Engineer shall provide notice of his or her preliminary decision to deny, in writing, and the person/registrant who applied for the permit shall have ten business days to cure the default that precluded issuance of the permit. If the person/registrant cures the defects within the ten day period, a Construction Permit will be issued. If the person/registrant fails to cure, the permit request will be denied.
(E) Other conditions. The City Engineer may impose reasonable conditions upon the issuance of the construction permit and the performance of the person/registrant requesting the permit thereunder in order to protect the public health, safety and welfare, and to ensure the structural integrity of the rights-of-way, to protect the property and safety of other users of the rights-of-way, and to minimize the disruption and inconvenience to the traveling public.
(F) Exceptions. Notwithstanding the provisions of subsections (C) and (D) above, the City Engineer may issue a Construction Permit where necessary:
(1) To prevent substantial economic hardship to a customer of the person/registrant requesting a permit; or
(2) To allow such customer to materially improve its utility service; or
(3) To allow a new economic development.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7- 20)