(a) Applicants for cable television franchises shall be granted a cable television franchise pursuant to the City's franchise agreement; provided, however, that a cable franchise shall only entitle the franchisee to utilize the rights of way, in accordance with the City's policies and regulations, for purposes directly related to the provision of the cable television service. Any other right of way use by such franchisee shall require a separate permit.
(b) Applicants for telecommunication and utility permits, or renewals thereof shall file an application therefor in such form as the Director may require along with an application fee of one thousand dollars ($1,000). The Director shall determine if the applications are in order and, if so, forward the application to Council to determine whether or not, in accordance with Section 1157.05, the applicant should be granted a permit hereunder. 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, or renewals thereof, shall file an application therefor, in such form as the Director requires along with an application fee of three hundred dollars ($300.00). The Director shall determine if the application is in order and if so, and if the Director also finds, in accordance with the criteria set forth in Section 1157.05, that the application should be granted, the Director shall grant or renew such a permit. The terms of such permits shall be determined by the Director but shall in no event exceed ten years.
(d) Applicants for residential permits shall file an application therefor, in such form as the regulations require, along with an application fee of ten dollars ($10.00). The Director, or the Director's designate, shall determine if the application is in order and, if so, shall grant the application so long as the Director also finds, in accordance with the criteria set forth in Section 1157.05, that the application should be granted. Residential permits shall be valid until canceled by the Director upon sixty days written notice to the permittee; provided, however that upon a finding by the Director that an emergency exists the Director may cancel any such permit upon such lesser notice as is necessary under the circumstances.
(e) Any applicant may appeal the failure of the 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 Director's determination or recommendation or ninety days of the filing of the application if the Director has taken no action, an appeal to Council. Council 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, Council's decision shall be final.
(Ord. 97-63. Passed 12-29-97.)