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(A) Applications for general right-of-way occupancy permits or amendments or renewals thereof shall be filed in such form and in such manner as the regulations require, along with an application fee of $250. The Deputy City Manager, or designee, shall determine if the application is in order and shall, within 30 days of the receipt of a completed application, issue a written report regarding such application. The report shall recommend that the City Council deny or grant the right-of-way occupancy permit, subject to any appropriate terms and conditions, in accordance with the criteria set forth in this chapter. The Deputy City Manager's report shall be served upon the applicant by mail along with a notice of when the City Council will consider the same. The City Council shall then consider such recommendation and make a final determination at its next regularly scheduled Council meeting, as to whether or not such right-of-way occupancy permit should be granted and, if so, upon what terms and conditions. City Council shall make a final determination within 60 days of receipt of the completed application by the Deputy City Manager. The term of each such general right-of-way permit shall be for five years from issuance, or such lesser term as the applicant requests.
(B) Any applicant may appeal the failure of the Deputy City Manager to recommend it to be granted upon terms and conditions acceptable to the applicant, to the City Manager. In order to perfect such appeal, the applicant shall file, within ten days of the Deputy City Manager's determination or recommendation, or within 30 days of the filing of the application if the Deputy City Manager has taken no action, an appeal to the City Manager. The City Manager shall then review the matter and after affording the applicant an opportunity to be heard either in person or in writing, render a final recommendation that shall be submitted to City Council within 15 days of the City Manager's receipt of the request for an appeal unless such period is waived by the applicant. City Council shall consider the appeal request at its next regularly scheduled meeting after receiving the City Manager's recommendation. Except to the extent otherwise appealable by law, the City Council's decision shall be final. If a request for consent is denied for an activity described in R.C. § 4939.031, the reasons for denial, required under this division, shall be provided to the applicant in writing, and shall set forth the reasons for denying the request for consent in a manner supported by substantial, competent evidence, and the denial of the request shall not unreasonably discriminate against the applicant.
(Ord. 9351, passed 7-11-06; Am. Ord. 2017-034, passed 4-25-17)