CC PACKET 05111999 - Laserfiche WebLink

Home Browse Search

. Section 1165.17. Denial of Permit. Subd. 1. Mandatory Denial. Except in the case of an emergency, no right-of-way permit will be granted: (a) to any person required by Section 1165.04 to be registered who has not done so; (b) to any person required by Section 1165.08 to file an annual report but has failed to do so; (c) for any next-year project not listed in the construction and major maintenance plan required under Section 1165.08 unless the person used commercially reasonable efforts to anticipate and plan for the project; (d) for any project which requires the excavation of any portion of a right-of- way which was constructed or reconstructed within the preceding five(5) years; (e) to any person who has failed within the past three (3) years to comply, or is presently not in full compliance, with the requirements of the Chapter; (f) to any 'person as whom there exists grounds for the revocation of a permit under Section 1165.22; and (g) if, in the sole discretion of the City, the issuance of a permit for the particular date and/or time would cause a conflict to interfere with an exhibition, celebration, festival,or any other event. the City,in exercising this discretion,shall be guided by the safety and convenience of ordinary travel of the public over the right-of-way,and by considerations relating to the public health, safety and welfare. Subd. 2. Permissive Denial. The City 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 right-of-way, or when necessary to protect the right-of-way and its users. The City may consider one or more of the following factors: (a) the extent to which right-of-way space where the permit is sought is available; (b) the competing demands for the particular space in the right-of-way; (c) the availability of other locations in the right-of-way or in other rights-of- way equipment of the permit applicants; -15-