(a) Telecommunication or Utility Permits.
(1) Applicants for Telecommunication or Utility Permits shall file an application therefor, in such form as the City may require, along with an application fee of one thousand dollars ($1,000). The City Manager shall determine if the application is in order and, if so, forward the application to Council to determine whether, in accordance with the criteria set forth in Section 901.05, 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.
(2) Except as otherwise provided in law or ordinance, the City, not later than sixty days after the date of filing by a person a completed Telecommunications and Utility Permit, shall grant or deny the permit.
(3) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the Public Utilities Commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 541, the City, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.
(b) Applications for Wireless Facility Permits shall be processed in accordance with Section 901.22.
(c) Applicants for Special Permits shall file an application therefor, in such form as the City requires along with an application fee of three hundred dollars ($300.00). The City Manager shall determine if the application is in order and if the City Manager also finds, in accordance with the criteria set form in Section 901.05, that the application should be granted, the City Manager shall grant such a permit.
(d) Applicants for a Right-of-Way Work Permit shall file an application therefor, in such form as the City requires along with an application fee determined by the City Manager to be reasonably calculated to recover the costs and expenses of processing such application. The City Manager shall determine if the application is in order and if the City Manager also finds, in accordance with the criteria set forth in Section 901.10, that the application should be granted, the City Manager shall grant such a permit.
(e) Any applicant may appeal the failure of the City Manager to process an application or to grant a permit. In order to perfect such appeal, the applicant shall file an appeal to Council with the Clerk of Council. The appeal shall be filed within ten days of the City Manager's determination or recommendation, or within ninety days of the filing of the application if the City Manager has taken no action. The appeal shall be in writing and shall provide sufficient information to identify application and matter being appealed and the reasons why the applicant has requested the appeal. Council shall then review the matter 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.
(f) A Telecommunications or Utility Permittee or a Special Permittee that desires to renew its permit under this chapter shall, not more than 180 days nor less than ninety days before expiration of the current permit, file an application with the City for renewal of its permit which shall include the information required in the original application. Within ninety days after receiving a complete application under this section, the City shall issue a written determination granting or denying the renewal application in whole or in part, applying the criteria set forth in Section 901.05. If the renewal application is denied, the written determination shall include the reasons for non-renewal. No permit shall be renewed until any ongoing violations or defaults in the permittee's performance of the permit, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the permittee has been approved by the City.
(Ord. 97-61. Passed 6-17-97; Ord. 2012-25. Passed 7-2-12; Ord. 2018-16. Passed 6-19-18; Ord. 2019- 13. Passed 6-18-19.)