909.05 ISSUANCE OF PERMIT; CONDITIONS.
   (a)   If the City Engineer determines that the applicant has satisfied the requirements of this chapter, the City Engineer may issue a permit, and may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety, and welfare, to insure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public. The City Engineer shall grant or deny a permit within 60 days of the date of receipt of the application.
   (b)   No permit issued under this Chapter shall be construed to grant the permittee a vested right to maintain facilities or equipment in any particular place or space in the right-of-way. In the event permitted facilities or equipment interfere with the future construction, operation, maintenance, or repair of any public work or public improvement, the permittee, after reasonable notice from the City, shall, at its own cost and expense, promptly protect, alter or relocate the affected facilities or equipment to another location in the right-of-way approved by the City Engineer.
   (c)   All permits to install issued under this Chapter shall be issued in the name of the owner of the facilities or equipment to be installed, and shall not be construed to authorize the installation of facilities or equipment by a person or entity other than the owner. All permits shall require the permittee to provide and maintain legally sufficient owner contact information so that the owner may be contacted throughout the project and/or for the duration of the life span of the facilities or equipment installed.
   (d)   All permits issued under this Chapter shall be nontransferable except with the express written consent of the City Engineer which, in the case of a public utility or cable operator, shall not be unreasonably withheld when the Public Utilities Commission of Ohio or the Department of Commerce, as indicated, has approved a transfer or change in corporate ownership.
   (e)   All permits issued under this Chapter shall require that the facilities and equipment installed will be maintained in compliance with the National Electrical Safety Code or other safety codes legally applicable to outdoor powered equipment, for the duration of the life span of the facilities or equipment installed.
   (f)   All permits issued under this Chapter shall provide that any facilities or equipment in the public right-of-way that the City has determined to be abandoned may be summarily removed in accordance with the procedure provided in Section 909.13(c).
(Ord. 2016-89. Passed 8-8-16.)