(A) Applicants for franchise permits shall be granted a franchise permit hereunder which shall be valid as long as the applicable provisions of this chapter and any franchise agreement are complied with; provided, however, that a franchise permit shall only entitle the franchise permittee to utilize the right-of- way, in accordance with this chapter, for purposes directly related to the provision of the specific services for which it has a specific franchise. Any other right-of-way use by such permittee shall require a separate permit. Any condition of Chapter 117 Competitive Service Authorizations shall also be satisfied.
(B) Applicants for general permits, or renewals thereof, shall file an application therefor, in such form as regulations require, along with an application fee as also set forth in the regulations. The Public Works Director shall determine if the application satisfies the criteria set forth in § 54.06, and if so, the applicant should be granted a permit hereunder. The Public Works Director shall make a final determination as to whether or not such permit should be granted and if so, upon what terms and conditions. The term of such permit shall be for five years.
(C) Applicants for Special Permits, or renewals thereof, shall file an application therefor, in such form as the regulations require, along with an application fee as also set forth in the regulations. The Public Works Director shall determine if the application is in order and if so, and if the Public Works Director also finds, in accordance with the criteria set forth in § 54.06 that the application should be granted, the Public Works Director shall conditionally grant or renew such a permit. Residential permits shall be valid until canceled by the Public Works Director upon 60 days’ written notice to the permittee; provided, however, that upon a finding by the Public Works Director that an emergency exists, the Public Works Director may cancel any such permit upon such lesser notice as is necessary under the circumstances.
(D) Permits for residential related purposes are not required; however any residential related uses:
(1) Exists and continues at the sufferance of the city;
(2) May not jeopardize or adversely affect the public health, welfare, morals or safety;
(3) May not interfere with the city’s own uses or the right-of-way;
(4) Must be modified, moved, or removed, upon notice, when the city determines in its sole judgment that such action is necessary; provide further, that in an emergency, or upon failure of the responsible party to respond in a timely fashion, the city may do or contract to do whatever it requires and recover the costs of same as such costs are recoverable by law.
(E) Before any construction may be begun in the right-of-way, the permittee shall file with the Public Works Director a performance bond in the required amount from a company licensed to do business in the state, which such performance bond shall be maintained at the sole expense of the permittee so long as the permittee has facilities located in the right-of-way.
(F) Any applicant may appeal the failure of the Public Works Director 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 Public Works Director’s determination or recommendation or 90 days of the filing of the application if the Public Works Director has taken no action, an appeal to the City Manager. The City Manager shall then review the matter and render a final determination after affording the applicant an opportunity to be heard either in person or in writing. Except to the extent otherwise appealable by law, the City Manager’s decision shall be final.
(Ord. 5-08, passed 3-3-08) Penalty, see § 54.99