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The right to appeal is pursuant to TMC § 945.06(e). Only the applicant to occupy or use the public right-of-way for the installation, operation or maintenance of facilities where the Director failed to either grant a right-of-way permit or consent to the transfer of a right-of-way permit, or where the applicant appeals the terms and conditions contained in the permit granted by the Director has standing to appeal.
A. Appeal Contents. Subject to § 404.01, the applicant shall file a written notice of appeal with the Director of Law within thirty (30) days of the DPU Director's issuance of a permit or the DPU Director's failure to issue or consent to the transfer of a permit within the specified time period. The appeal must be in a form as required by the Director of Law.
B. Review. A three (3) member Board of Appeals consisting of the Directors of Finance, Public Utilities (by designation from Public Service) and Law, or their respective designees, chaired by the Director of Law, shall afford the applicant with an opportunity to be heard either in person or in writing. The Board shall issue a final determination within thirty (30) days of the hearing or submission of written arguments unless the applicant waives the time period.
C. Further Appeal. Decisions of the Board of Appeals are final appealable orders of the City pursuant to ORC Chapter 2506.
The Director reserves the right, through authorized representatives, to enter onto private property abutting public facilities and improvements for the purpose of designing, repairing, reconstructing, re-installing, removing, maintaining and inspecting said public facilities and improvements, and such entry shall not constitute trespass. The Department will restore the property to the condition prior to the entry as is practical, ordinary wear and tear excepted.
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