901.01 Definitions.
901.02 Street privileges subject to regulation; exceptions.
901.03 Power of City Manager; appeals.
901.04 Notice.
901.05 List of existing privileges.
901.06 Franchises.
901.07 Investigation; deposit; fees.
901.08 Considerations; existing franchises.
901.09 Changes required; cost.
901.10 Restoration; cost.
901.11 Liability; insurance.
901.12 Franchise fees in addition o other fees.
901.13 Regulation of encroachments.
901.14 Annual license fees.
901.15 Payment of license fees.
901.16 Nonpayment; termination of permit.
901.17 Discontinuance; refund.
901.18 Service of notices.
901.19 Fees for late franchise.
901.99 Penalty.
CROSS REFERENCES
Use of streets - see CHTR. Sec. 9
Franchises - see CHTR. Sec. 12
General powers of a municipality regarding streets - see W. Va. Code 8-12-5
Special use of streets - see TRAF. Art. 311
Street and sidewalk openings - see S.U.&P.S. Art. 905
Location of poles at intersections - see S.U.&P.S. 911.01
Street design standards - see P.&Z. Art. 1311
The following terms when used in any of the sections of this article shall have the following meanings:
(a) "Special privilege" means any authorized or permitted private right in the use primarily for commercial purposes excepting a private home of a special part of a City street, sidewalk, alley, way or other public property separate and distinct from the general public use thereof.
(b) "Vault" means any open space below the surface of the street, sidewalk, alley, way or other public property that is covered over, in front of or along improved or unimproved private property and is used, or is available for use for private purposes.
(c) "Central business zone" means the territory bounded on the north by the north line of Ninth Street, on the south by the north line of Wheeling Creek, on the east by the east line of Eoff Street, and on the west by the east bank of the Ohio River.
(d) "Permittee" means a person to whom is granted a special privilege. Where the special privilege granted is directly appurtenant to the abutting real estate, "permittee" means the owner of such real estate.
(e) "Area charge" means a charge based on the square foot area of the City property used.
(f) "Privileged premises" means the lot or parcel of real estate to which a special privilege is appurtenant.
(Ord. 1664. Passed 1-3-50.)
(g) "Building and structural encroachment" means the occupancy of a public street, sidewalk, alley, way or other public property constituting a part of a building or structure, including but not limited to embankments of earth or other material, retaining walls, gutters, drains and related structures used for the purpose of transporting water and other fluids.
(Ord. 5465. Passed 1-29-74.)
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