(a) Applications for cable television franchises shall be processed and granted or denied pursuant to Chapter 808 of the Business Regulation and Taxation Code; provided, however, that a cable franchise shall only entitle the franchisee to utilize the rights-of-way for purposes directly relating to the provision of the cable television service. Any other right-of-way use by such franchisee shall require a separate permit, unless specifically contained in an existing franchise agreement.
(b) Applicants for telecommunications or utility permits shall file an application therefor, in such form as the village may require, along with an application fee as established from time to time by Council. The Mayor shall determine if the application is in order and, if so, forward the application to Council to determine whether, in accordance with the criteria set forth in § 1477.05, the applicant should be granted a permit hereunder. Within 120 days after receiving a complete application, Council shall make a final determination as to whether or not such permit should be granted and, if so, upon what terms and conditions.
(c) Applicants for special permits shall file an application therefor, in such form as the village requires, along with an application fee as established from time to time by Council. The Director shall determine if the application is in order and if the Mayor also finds, in accordance with the criteria set forth in § 1477.05, that the application should be granted, the Mayor shall grant such a permit.
(d) Applicants for residential permits shall file an application therefor, in such form as the village requires, along with an application fee as established from time to time by Council. The Mayor shall determine if the application is in order and, if so, shall grant the application so long as the Mayor also finds, in accordance with the criteria set forth in § 1477.05, that the application should be granted. Residential permits shall be valid until canceled by the Mayor upon 60 days’ written notice to the permittee; provided, however, that upon a finding by the Mayor that an emergency exists, the Mayor may cancel such permit upon such lesser notice as is necessary under the circumstances.
(e) Any applicant may appeal the failure of the Mayor to grant a permit or to recommend it to be granted upon terms and conditions acceptable to the applicant. In order to perfect such appeal, the applicant shall file, within ten days of the Mayor’s determination or recommendation, or within 90 days of the filing of the application if the Mayor has taken no action, no appeal to Council. Council shall then review the matter after affording the applicant an opportunity to be heard, either in person or in writing. Except to the extent otherwise appealable by law, Council’s decision shall be final.
(f) A permittee that desires to renew its permit under this chapter shall, not more than 180 days nor less than 90 days before expiration of the current permit, file an application with the village for renewal of its permit, which shall include the information required in the original application. Within 90 days after receiving a complete application under this section, the village shall issue a written determination granting or denying the renewal application, in whole or in part, applying the criteria set forth in § 1477.05. If the renewal application is denied, the written determination shall include the reasons for non-renewal. No permit shall be renewed until any ongoing violations or defaults in the permittee’s performance of the permit, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the permittee has been approved by the village.
(Ord. 6-97, passed 7-14-1997)