(a) Mandatory Denial of Permit. Except in the case of an emergency, no permit will be granted:
(1) To any person who has not yet made an application; or
(2) To any person who has outstanding debt or taxes owed to the City; or
(3) To any person as to whom there exists grounds for the revocation of a permit; or
(4) If, in the discretion of the Director of Service , the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. The Director of Service, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the rights-of-way, and by considerations relating to the public health, safety and welfare.
(b) Permissive Denial of Permit. The Director of Service may deny a permit in order to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the rights-of-way, or when necessary to protect the rights-of-way and its users.
(1) The Director of Service, in his or her discretion, may consider one or more of the following factors:
A. The extent to which rights-of-way space where the permit is sought is available; and/or
B. The competing demands for the particular space in the rights-of-way; and/or
C. The availability of other locations in the rights-of-way or in other rights-of-way for the proposed facilities; and/or
F. The degree of disruption to surrounding communities and businesses that will result from the use of that part of the rights-of-way; and/or
G. The condition and age of the rights-of-way, and whether and when it is scheduled for total or partial re-construction; and/or
H. The balancing of the costs of disruption to the public and damage to the rights-of-way, against the benefits to that part of the public served by the expansion into additional parts of the rights-of-way; and/or
(c) Discretionary Issuance of Permit.
(1) Notwithstanding the provisions of this Chapter, the Director of Service with the approval of the City Administrator may issue a permit in any case where the permit is necessary:
A. To prevent substantial, long term, economic hardship to a customer of the permit applicant, if established by credible evidence satisfactory to the City; or
B. To allow such customer to materially improve its service; or
C. To allow a new economic development project to be granted a permit under this section.
(2) To be granted a permit under this section, the permit applicant must not have had knowledge of the hardship, the plans for improvement of service, or the development project when it was required to submit its list of next year projects.
(d) Work Done Without A Permit in Emergency Situations.
(1) Each provider shall, as soon as is practicable, immediately notify the Director of Service of any event regarding its facilities which it considers to be an emergency. The provider may proceed to take whatever actions are necessary using the guidelines set forth herein and generally accepted practices in order to respond to the emergency. Within five (5) business days, unless otherwise extended by the Director of Service, after the occurrence or discovery of the emergency (whichever is later), the provider shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with Sections 1180.01 through 1180.21 for any and all actions taken in response to the emergency. In the event that the City becomes aware of an emergency regarding a provider's facilities, the City shall use best efforts to contact the provider, or the system representative of each provider affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary in order to respond to the emergency, the cost of which shall be borne by the provider whose facilities caused the emergency.
(2) Except in the case of an emergency, any provider who constructs in, on, above, within, over, below or through a rights-of-way without a valid permit must subsequently obtain a permit, pay double the normal fee for said permit, pay double all the other fees required by the Maumee Codified Ordinances or this code sections, deposit with the City the fees necessary to correct any damage to the rights-of-way and comply with all of the requirements of Sections 1180.01 through 1180.21 and pay any other fees or penalties set forth herein.
(e) Revocation of Permits.
(1) Permittees hold permits issued pursuant to this Code as a privilege and not as a right. The City reserves its right, as provided herein, to revoke any permit, without refunding any fees, in the event of a substantial breach of the terms and conditions of any law, or any provision or condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following:
A. The violation of any provision or condition of the permit; or
B. An evasion or attempt to evade any provision or condition of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; or
C. Any material misrepresentation of fact in the application for a permit; or
D. The failure to maintain the required construction or removal bonds and/or insurance; or
E. The failure to obtain and/or maintain, when required, a certificate of Registration; or
F. The failure to complete the construction in a timely manner; or
G. The failure to correct a condition of an order issued; or
H. Any action or plan by the Permittee, or its contractors or agents which hinders, disrupts, or delays other construction projects planned or in progress by the City of Maumee, its contractors or any other permittee's ongoing or planned project.
(2) If the Director of Service determines that the permittee has committed a substantial breach of a term or condition of any law or any condition of the permit, the Director of Service shall serve a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Upon a substantial breach, as stated above, the Director of Service may place additional or revised conditions on the permit.
(3) By the close of the next business day following receipt of notification of the breach, permittee shall contact the Director of Service with a plan, acceptable to the Director of Service, for its correction. Permittee's failure to so contact the Director of Service , or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
(4) If a permittee commits a second substantial default as outlined above, permittee's permit will automatically be revoked and the permittee will not be allowed further permits for up to and including one full year, except for emergency repairs.
(5) If a permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. (Ord. 051-2022. Passed 12-5-22.)