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.)
From and after January 1, 1950, the enjoyment of minor street privileges under or over public streets, sidewalks, alleys and ways shall be subject to regulation as hereinafter provided. All such minor privileges in the aforementioned City streets, sidewalks, alleys and ways heretofore permitted are hereby declared terminated on December 31, 1949, except as the same may be permitted as provided for herein. Nothing in this article shall apply to the use of City streets by the State, the County, or the City, or by transmission lines, poles, pipes and conduits, directly used for the furnishing of public utility service to consumers in the City by a public utility company operating in accordance with rate regulations established by Municipal ordinance, the Public Service Commission of the State or by State law.
(Ord. 1664. Passed 1-3-50.)
Except as otherwise provided in this article, the City Manager shall have full control of the supervision, inspection and regulation of special privileges granted by franchises authorized pursuant to the provisions of this article. When the public safety or the public welfare shall require the temporary or permanent discontinuance or modification of a revocable special privilege, the Manager shall take all action necessary for the public interest and welfare. If action by Council be required, the City Manager shall advise Council and instruct the City Solicitor to prepare the necessary legislation. The City Manager is authorized, with the aid and assistance of the Director of Public Works, to prepare and enforce reasonable rules and regulations to govern the carrying out of the provisions of this article.
Any person aggrieved by the action of the City Manager under this section may appeal to Council within a period of ten days from the date of the action of the City Manager. (Ord. 1664. Passed 1-3-50.)
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