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The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use.
(A) Mandatory denial. Except in an emergency, no right-of-way will be granted:
(1) To any person required by § 91.06 to be registered who has not done so;
(2) To any person required by § 91.08 to file an annual report but has failed to do so;
(3) To any person who has failed within the past two years to comply, or is presently not in full compliance with the requirements of this chapter;
(4) To any person as to whom there exists grounds for the revocation of a permit under § 91.46; or
(5) (a) If, in the discretion of the city, 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.
(b) The city in exercising this discretion, 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.
(B) Permissive denial.
(1) 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.
(2) The city in its discretion, may consider one or more of the following factors:
(a) The extent to which 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 rights-of-way that affect location of equipment in the right-of-way;
(d) The applicability of provisions of this code of ordinances or other regulations of the right-of-way that affect location of equipment in the right-of-way;
(e) The degree of compliance of the applicant with the terms and conditions of its franchise, this chapter, and other applicable provisions of this code of ordinances and regulations;
(f) The degree of disruption to surrounding neighborhoods 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; and
(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.
(C) Discretionary issuance. Notwithstanding the provisions of division (A) above, the city may issue a permit in any case where the permit is necessary:
(1) To prevent substantial economic hardship to a customer of the permit applicant;
(2) To allow such customer to materially improve its utility service; and
(3) To allow a new economic development project, or otherwise required by law; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its list of next year projects.
(D) Permits for additional next year projects. Notwithstanding the provisions of division (A) above, the city may issue a permit to a registrant who was allowed under § 91.40 to submit an additional next- year project, such permit to be subject to all conditions and requirements of law, including such conditions as may be imposed under § 91.42.
(2006 Code, § 14.43) (Ord. 137, 3rd Series, passed 4-7-2000)
(A) Emergency situations.
(1) Each registrant shall immediately notify the city of any event regarding its facilities which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency.
(2) Within two business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency.
(B) Non-emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by the Legislative Code, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this chapter.
(2006 Code, § 14.61)
(A) Substantial breach.
(1) The city reserves its right, as provided herein, to revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any material condition of the permit.
(2) A substantial breach by the permittee shall include, but shall not be limited, to the following:
(a) The violation of any material provision of the right-of-way permit;
(b) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(c) Any material misrepresentation of fact in the application for a right-of-way permit;
(d) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee’s control; or
(B) Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any condition of the permit, the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach.
(C) Response to notice of breach. Within 24 hours of receiving notification of the breach, the permittee shall provide the city with a plan, acceptable to the city that will cure the breach. The permittee’s failure to so contact the city or the permittee’s failure to submit an acceptable plan, or the permittee’s failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, the permittee’s failure to so contact the city, or the permittee’s failure to submit an acceptable plan, or the permittee’s failure to reasonably implement the approved plan, shall automatically place the permittee on probation for one full year.
(D) Cause for probation. From time to time, the city may establish a list of conditions of the permit, which if breached, will automatically place the permittee on probation for one full year, such as, but not limited to, working out of the allotted time period or working on right-of-way grossly outside of the permit authorization.
(E) Automatic revocation. If a permittee, while on probation, commits a breach as outlined above, the permittee’s permit will automatically be revoked and the permittee will not be allowed further permits for one full year, except for emergency repairs.
(F) Reimbursement of city costs. If a permit is revokes, the permittee shall also reimburse the city for the city’s reasonable costs, including restoration costs and the costs of collection and reasonable attorneys’ fees incurred in connection with such revocation.
(2006 Code, § 14.63) (Ord. 137, 3rd Series, passed 4-7-2000)
Every person violates a section, division, paragraph, or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
(2006 Code, § 14.99) (Ord. 137, 3rd Series, passed 4-7-2000)