(a) Denial of permit.
(1) Mandatory denial. Except in the case of an emergency, no right-of-way permit will be granted:
A. To any person required to be registered who has not done so;
B. To any person as to whom there exists grounds for the revocation of a permit; and
C. If 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 shall be guided by the safety and convenience of ordinary travel of the public over the right-of-way, and by considerations relating to the public health, safety, and welfare.
(2) Discretionary denial. The city may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The city, in its discretion, may consider one or more of the following factors:
A. The extent to which the right-of-way space where the permit is sought is available;
B. The competing demands for the particular space in the right-of-way;
C. The availability of other locations in the right-of-way or in other right-of-way for the facilities of the particular company;
D. The applicability of ordinances or other regulations of the right-of-way that affect location of facilities in the right-of-way;
E. The degree of compliance of the applicant with the terms and conditions of its franchise, this Code and other applicable ordinances and regulations;
F. The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way;
G. The condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction;
H. The balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way; and
I. Whether the applicant has, over the previous two years, complied with the provisions of this subchapter.
(b) Work done without a permit.
(1) Emergency situations.
A. Each registrant shall immediately notify the city of any emergency involving its facilities. The registrant shall take whatever actions are necessary to respond to the emergency.
B. If the city becomes aware of an emergency regarding a registrant’s facilities, the city may attempt to contact the local representative of each registrant 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 registrant whose facilities occasioned the emergency.
C. Any person who obstructs or excavates a right-of-way in an emergency shall subsequently obtain a permit.
(2) Non-emergency situations. Except in the case of an emergency, any person who obstructs or excavates a right-of-way without a permit must subsequently obtain a permit, pay double the normal permit fee, pay double all the other fees required by the Code, deposit with the city the fees necessary to correct any damage to the rights-of-way and comply with all requirements of this Code.
(c) Revocation of permits.
(1) Any permit may be revoked pursuant to the license revocation procedures in § 110.009 of this Code.
(2) If a permit is revoked, the permittee shall reimburse the city for its reasonable costs, including restoration costs and the costs of collection and reasonable attorneys’ fees incurred in connection with the revocation.
(1992 Code, § 35.5-6) (Ord. 55-99, passed 5-17-1999)