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2. To any person required by Section 2302.080. to file an annual report, but <br />has failed to do so; <br />3. For any next -year project not listed in the construction and major <br />maintenance plan required under 2302.080. unless the person used <br />commercially reasonable efforts to anticipate and plan for the project; <br />4. For any project which requires the excavation of any portion of a right -of- <br />way which was constructed or reconstructed within the preceding five (5) <br />years; <br />5. To any person who has failed within the past three (3) years to comply, or <br />is presently not in full compliance, with the requirements of this Chapter. <br />6. To any person as to whom there exists grounds for the revocation of a <br />permit under 2302.220.; and <br />7. If, in the sole discretion of the City, the issuance of a permit for the <br />particular date and/or time would cause a conflict or interfere with an <br />exhibition, celebration, festival, or any other event. The City, in <br />exercising this discretion, shall be guided by the safety and convenience of <br />ordinary travel of the public over the right -of -way, and by considerations <br />relating to the public health, safety and welfare. <br />B. Permissive Denial. The City may deny a permit in order to protect the public <br />health, safety, and welfare, to prevent interference with the safety and <br />convenience of ordinary travel over the right -of -way, or when necessary to protect <br />the right -of -way and its users. The City may consider one or more of the <br />following factors: <br />1. the extent to which right -of -way space where the permit is sought is <br />available; <br />2. the competing demands for the particular space in the right -of -way; <br />3. the availability of other locations in the right -of -way or in other rights -of- <br />way for the equipment of the permit application; <br />4. the applicability of ordinance or other regulations of the right -of -way that <br />affect location of equipment in the right -of -way; <br />5. the degree of compliance of the applicant with the terms and conditions of <br />its franchise, if any, this Chapter, and other applicable ordinances and <br />regulations; <br />2302 -15 <br />Page 90 <br />