(a) The City shall grant or deny, in writing, based upon the following requirements within ninety (90) days for new structures and within sixty (60) days of an existing structure on which the person filed the complete application with the City.
(1) The City may withhold, deny or delay its consent to a person's permit based on the person's failure to possess the financial, technical and managerial resources necessary to protect the public health, safety and welfare, or for other reasons based on the health, safety and welfare of the City and in accordance with Ohio law.
(2) If the City denies a person's application for a permit to occupy or use, or construct in the Public Right-of-Way, the City shall provide its reasons in writing for denying the permit application, and shall provide any information that the person may reasonably request necessary for the person to obtain a permit. Any denial or revocation of a permit by the City may be appealed pursuant to State law.
(b) Revocation of Permit. From the effective date of this Ordinance, permits granted by the City to occupy or use or construct in the Public Right-of-Way of the City may be revoked for any one of the following reasons:
(1) Construction, reconstruction, installation, location, operation or excavation at an unauthorized location.
(2) Construction, reconstruction, installation, location, operation or excavation in violation of City safety and/or construction requirements.
(3) Material misrepresentation or lack of candor by or on behalf of a service provider in any permit application or registration required by the City.
(4) Failure to relocate or remove facilities, or failure to restore the public Right-of-Way, as required by this Chapter.
(5) Failure to pay fees, costs, taxes or compensation when and as due the City.
(6) Insolvency or bankruptcy of the service provider.
(7) Violation of material provisions of this Chapter.
(c) Notice and Duty to Cure. In the event that the City Administrator or Director of Public Service believes that grounds exist for revocation of a permit to occupy or use or construct in the Public Right-of-Way, he shall give the service provider written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the service provider a reasonable period of time not exceeding thirty (30) days to furnish evidence:
(1) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance;
(2) That rebuts the alleged violation or noncompliance; and/or
(3) That it would be in the public interest to impose some penalty or sanction less than revocation.
(Ord. 043-2017. Passed 3-13-17.)