(a) Mandatory Denial of Permit. Except in the case of an emergency, no construction permit will be granted:
(1) To any person who has not yet made an application; or
(2) To any person or their agent who has outstanding debt owed to the City; or
(3) To any person or their agent as to whom there exists grounds for the revocation of a permit; or
(4) If, in the discretion of the City Engineer, 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 City Engineer, 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. The City Engineer 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. The City Engineer, in his or her discretion, may consider one or more of the following factors:
(1) The extent to which rights-of-way space where the permit is sought is available; the competing demands for the particular space in the rights-of-way;
(2) The availability of other locations in the rights-of-way or in other rights-of-way for the proposed facilities;
(3) The competing demands for the particular space in the rights-of-way;
(4) The applicability of this Chapter or other regulations of the rights-of-way that affect location of facilities in the rights-of-way;
(5) The degree of compliance of the provider with the terms and conditions of this Chapter and its requirements, and other applicable ordinances and regulations;
(6) The degree of disruption to surrounding communities and businesses that will result from the use of that part of the rights-of- way;
(7) The condition and age of the rights-of-way, and whether and when it is scheduled for total or partial re-construction;
(8) 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
(9) Whether the applicant is authorized to conduct business in the State of Ohio
(10) Whether the applicant obtained all required licensure from applicable organizations such as the FCC.
(11) Whether the applicant is in default of its obligation to pay fees imposed by this Chapter.
(12) Whether such applicant or their agent has failed within the past three (3) years to comply, or is presently not in full compliance, with the requirements of this Chapter or, if applicable, any other Chapters of the Codified Ordinances, or any other applicable law.
(c) Discretionary Issuance.
A. To prevent substantial economic hardship to a customer of the permit applicant if established by credible evidence satisfactory to the City;
B. To allow such customer to materially improve its service; or
C. To allow a new economic development project.
(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 at the time it was required to submit its list of next year projects.
(d) Work Done Without a Permit.
(1) Emergency Situations.
A. Each provider shall immediately notify the City Engineer of any event regarding its facilities which it considers to be an emergency. The provider may proceed to take whatever actions are necessary in order to respond to the emergency, provided that said actions are in compliance with Section 925.10. Within two (2) business days, unless otherwise extended by the City Engineer, 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 all the requirements necessary to bring itself into compliance with this Chapter for any and all actions taken in response to the emergency.
B. In the event that the City becomes aware of an emergency regarding a provider 's facilities, the City may attempt to contact the provider or 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) Non-Emergency Situations. Except in the case of an emergency, any provider who constructs in, on, above, within, over, below or through a right-of-way without a valid permit shall subsequently obtain a permit, pay double the normal fee for the permit, pay double all the other fees required by the Codified Ordinances, deposit with the City the fees necessary to correct any damage to the rights-of-way and comply with all of the requirements of this Chapter.
(e) Revocation of Permits.
(1) Permittees hold permits issued pursuant to the Codified Ordinances as a privilege and not as a right. The City reserves the 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 obtain and/or maintain required insurance; or,
E. The failure to obtain and/or maintain, when required, a Certificate of Registration; or,
F. The failure to complete construction in a timely manner; or,
(2) If the City Engineer determines that the permittee has committed a substantial breach of a term or condition of any law or any provision or condition of the permit, the City Engineer 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 City Engineer, 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 City Engineer with a plan, acceptable to the City Engineer, for its correction. Permittee's failure to so contact the City Engineer, 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) From time to time, the City Engineer may establish a list of standard conditions for the permit. A substantial breach of any condition shall also constitute an unauthorized use of the public rights-of-way as defined in Section 931.13.
(5) If a permittee commits a second substantial breach as outlined above, permittee's permit will automatically be revoked and not be allowed further permits for one full year, except for emergency repairs.
(6) 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. 17-O-17. Passed 2-7-17.)