The city may deny a permit for failure to meet the requirements and conditions of this chapter; or if the city determines that the denial is necessary to protect the health, safety, and welfare; or when necessary to protect the right of way and its current use; or for the following specific violations:
A. Failure to register pursuant to section 7-3-6 of this chapter.
B. A proposed excavation within a street or sidewalk surface that has been constructed or reconstructed within the preceding seven (7) years, unless the director determines that no other locations are feasible or when necessitated by emergency.
C. The applicant is subject to revocation of a prior permit issued pursuant to this chapter.
D. The proposed schedule for the work would conflict or interfere with an exhibition, celebration, festival or any other similar event.
E. The right of way would become unduly congested due to the proposed facilities and equipment when combined with other uses in the right of way, as provided in subsection 7-3-19F of this chapter.
F. Businesses or residences in the vicinity will be unreasonably disrupted.
G. The applicant failed to meet a reasonable schedule to participate in a mandated joint trench operation with other applicants, and the additional work will unreasonably disrupt the restored right of way, businesses or residences.
H. The proposed schedule conflicts with scheduled reconstruction of the right of way.
Procedural Requirements: The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right-of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within thirty (30) days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within thirty (30) days after submission. (Ord. 1174, 4-28-2008; amd. Ord. 1424, - -2022)