(a) If a City agency, department, or commission, a Tier 3 Love Our Neighborhoods permit applicant, a State agency, or the federal government applies for a street encroachment permit, the Public Works Director may approve, conditionally approve, or deny in writing the application administratively without action from the Board of Supervisors after the applicant satisfies the requirements of Sections 786 et seq. The Department of Public Works shall submit a quarterly report to the Clerk of the Board of Supervisors that includes a description of all of the complete Tier 3 Love Our Neighborhoods Project applications the Department received during the applicable quarter.
(b) The Public Works Director, in his or her discretion, may approve, conditionally approve, or deny in writing a temporary street encroachment permit application administratively without action from the Board of Supervisors after the applicant satisfies the requirements of Sections 786 et seq. For purposes of this subsection (b), a temporary street encroachment permit is for a project that: (1) a City agency, department, or commission has co-sponsored and approved or authorized through an officially-adopted City program and (2) shall occupy the street or other type of public right-of-way for no longer than two years. The Director, in his or her sole discretion, may extend the permit term for a temporary street encroachment for a period not to exceed six additional months. This temporary street encroachment permit is not intended to conflict with or supersede a People Place permit associated with the Places for People Program established under Administrative Code Chapter 94A
, but rather be a separate and distinct permit.
(c) The Director’s approval or conditional approval of a permit under this Section 786.9 is appealable by a member of the general public or the applicant to the Board of Appeals within 15 days of the date of the Director’s written decision on the permit application.
(d) If the Director recommends denial of an application under Section 786.9(a) or (b), the Director shall notify the applicant in writing of this recommendation. The Director shall hold an administrative hearing on his or her recommendation to deny the application and issue a written decision on the recommendation to deny within a reasonable period after the hearing. If the basis for the denial decision relates solely to engineering design, the Director’s denial decision constitutes a final decision that is not subject to appeal. If the basis for the denial decision is solely for reasons unrelated to engineering design, the applicant may appeal the Director’s denial decision to the Board of Appeals within 15 days of the date of the Director’s written decision.
(e) The Director, in his or her discretion, may recommend revocation of a permit issued under this Section 786.9. The Director shall notify the permittee in writing of this recommendation. The Director shall hold an administrative hearing on his or her recommendation to revoke and issue a written decision on the recommendation to revoke within a reasonable period after the hearing. Prior to the administrative hearing, the Director shall develop an estimate of the cost of any revocation and associated restoration and identify the responsible party that shall bear such cost if it is a party other than the permittee. The Director shall provide this cost estimate to the permit holder in advance of the administrative hearing and include the estimate in the hearing’s administrative record. The Permittee may appeal the Director’s decision to revoke to the Board of Appeals within 15 days of the date of the Director’s written decision.
CODIFICATION NOTE
1. So in Ord. 252-23.