902.20 ENFORCEMENT OF PERMIT OBLIGATION.
(a) Mandatory Denial of Permit. Except in the case of an Emergency, no Construction Permit will be granted:
(1) To any Person who has not yet made an Application if such Application is required pursuant to this Chapter or the Codified Ordinances; or
(2) To any Person or their agent who has outstanding debt owed to the City; or
(3) To any Person or their agent as to whom there exists grounds for the revocation of a Permit; or
(4) If, in the discretion of the Director of Public Service, 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. The Director of Public Service, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the Rights of Way, and by considerations relating to the public health, safety, and welfare.
(b) Permissive Denial. The Director of Public Service may deny a Permit in order to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the Rights of Way, or when necessary to protect the Rights of Way and its users. The Director of Public Service, in his or her discretion, may consider one or more of the following factors: the extent to which Rights of Way space where the Permit is sought is available; the competing demands for the particular space in the Rights of Way; the availability of other locations in the Rights of Way or in other Rights of Way for the proposed Facilities; the applicability of this Chapter or other regulations of the Rights of Way that affect location of Facilities in the Rights of Way; the degree of compliance of the Provider with the terms and conditions of this Chapter and its requirements, and other applicable ordinances and regulations; the degree of disruption to surrounding communities and businesses that will result from the use of that part of the Rights of Way; the condition and age of the Rights of Way, and whether and when it is scheduled for total or partial re-construction; the balancing of the costs of disruption to the public and damage to the Rights of Way, against the benefits to that part of the public served by the expansion into additional parts of the Rights of Way; and whether such Applicant or their agent has failed within the past three (3) years to comply, or is presently not in full compliance, with the requirements of this Chapter or, if applicable, any other Chapters of the Codified Ordinances, or any other applicable Law.
(c) Discretionary Issuance. Notwithstanding the provisions of Sections 902.20(a) and (b), the Director of Public Service 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 if established by credible evidence satisfactory to the City;
(2) To allow such customer to materially improve its Service; or
(3) To allow a new economic development project.
To be granted a Permit under this Section, the Permit Applicant must not have had knowledge of the hardship, the plans for improvement of Service, or the development project at the time it was required to submit its list of next year projects.
(d) Work Done Without a Permit.
(1) Emergency situations. Each Provider shall, as soon as reasonably practicable, notify the Director of Public Service of any event regarding its Facilities, which it considers to be an Emergency. The Provider may proceed to take whatever actions are necessary in order to respond to the Emergency. Within two (2) business days, unless otherwise extended by the Director of Public Service, after the occurrence or discovery of the Emergency (whichever is later), the Provider shall apply for the necessary Permits, pay the fees associated therewith and fulfill all the requirements necessary to bring itself into compliance with this Chapter for any and all actions taken in response to the Emergency.
In the event that the City becomes aware of an Emergency regarding a Provider's Facilities, the City may attempt to contact the Provider or System Representative of each Provider affected, or potentially affected, by the Emergency. In any event, the City may take whatever action it deems necessary in order to respond to the Emergency, the cost of which shall be borne by the Provider whose Facilities caused the Emergency.
(2) Non-emergency situations. Except in the case of an Emergency, any Provider who Constructs in, on, above, within, over, below or through a Right of Way without a valid Permit shall subsequently obtain a Permit, pay double the normal fee for said Permit, pay double all the other fees required by the Codified Ordinances, deposit with the City the fees necessary to correct any damage to the Rights of Way and comply with all of the requirements of this Chapter.
(e) Revocation of Permits.
(1) Permittees hold Permits issued pursuant to the Codified Ordinances as a privilege and not as a right. The City reserves the right, as provided herein, to revoke any Permit, without refunding any fees, in the event of a substantial breach of the terms and conditions of any Law or any provision or condition of the Permit. A substantial breach by Permittee shall include, but shall not be limited to, the following:
A. The violation of any provision or condition of the Permit; or
B. An evasion or attempt to evade any provision or condition of the Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; or
C. Any material misrepresentation of fact in the Application for a Permit; or
D. The Failure to obtain and/or maintain required Construction or Removal Bonds and/or insurance; or
E. The failure to obtain and/or maintain, when required, a Certificate of Registration; or
F. The failure to complete Construction in a timely manner; or
(2) If the Director of Public Service determines that the Permittee has committed a substantial breach of a term or condition of any Law or any provision or condition of the Permit, the Director of Public Service shall serve 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. Upon, a substantial breach, as stated above, the Director of Public Service, may place additional or revised conditions on the Permit.
(3) By the close of the next business day following receipt of notification of the breach, Permittee shall contact the Director of Public Service with a plan, acceptable to the Director of Public Service, for its correction. Permittee's failure to so contact the Director of Public Service, or the Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the Permit.
(4) From time to time, the Director of Public Service may establish a list of standard conditions for the Permit. A substantial breach of any condition shall also constitute an unauthorized use of the public Rights of Way as defined in Section 902.14.
(5) If a Permittee, commits a second substantial breach as outlined above, Permittee's Permit will automatically be revoked and not be allowed further Permits for one full year, except for Emergency repairs.
(6) If a Permit is revoked, 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.
(Ord. 39-01. Passed 9-18-01.)