§ 40-483. Permits.

(a)

Prior to installing or attaching facilities in the public right-of-way, the facilities owner shall obtain all permits required by the department.

(b)

The facilities owner shall submit a permit application that is required for one or more facilities to the director on a form prescribed by the director.

(c)

The director may consider a permit application as withdrawn by the applicant if the director does not receive missing or additional information within 180 days after the date the director sends notice of the missing information to the applicant.

(d)

A permit is valid only for the location authorized in the permit, and no installation of or attachment to facilities shall be authorized at any other location without another permit.

(e)

A permit application may be denied or a permit revoked by a written decision of the director, including but not limited to revocation or denial if the permit application contains incorrect, misleading, or false information or if the permit was issued in error or in violation of any ordinance, laws, the city's design manual, or rules and regulations promulgated by the director.

(f)

The facilities owner, permit holder, or permit applicant shall make permits available upon request of the director when working in the public right-of-way.

(g)

The director may promulgate forms, rules, and procedures relating to the permit process, including approval and denial of permits. A copy of the forms rules, and procedures, if any, shall be maintained in the office of the director or on the city's web site for inspection, and copies may be purchased at the fee prescribed by law.

(h)

Permit fees shall be remitted to the department at the time the permit application is submitted and in the amount stated in the city's then-current fee schedule, but such fees shall be no more than allowed by state law. An application shall not be considered complete and the director may not issue a permit under this article until the applicant pays the applicable permit application fees.

(i)

If the director denies a permit application in writing, the applicant may cure the deficiencies identified in the director's denial document and resubmit the permit application without paying an additional permit application fee, other than a fee for actual costs incurred by the city, not later than 30 ^th day after the date on the director's denial document. The director shall approve or deny a completed, resubmitted permit application not later than the 90 ^th day after the date the municipality receives the completed, resubmitted permit application.

(j)

The applicant may appeal the denial or revocation of a permit by delivering a written request for an appeal to the director not more than fourteen days after the date the written notice of denial or revocation. Appeals of denial or revocation of a permit will be handled pursuant to the procedures set forth in section 117 of the city's building code.

(k)

Without first obtaining a permit, the facilities owner may remove or repair its facilities to remedy an imminent danger to health and safety posed by its facilities in the public right-of-way, but the facilities owner shall promptly notify the director and apply for a permit not later than noon the next city business day from the date the remediation commenced, except if the work performed falls under section 40-495(a) of this Code. As part of the remediation, the facilities owner may not relocate facilities in the public right-of-way without first obtaining permits from the director.

(l)

At least once per month, the director will notify the appropriate district council members of the permit applications received by the department for installation of facilities within their districts.

(m)

The applicant or the facilities owner shall identify each party that is attaching, collocating, leasing, or otherwise using its facilities in the permit application and notify the director within five business days whenever an additional party attaches, collocates, leases, or otherwise uses its facilities.

(Ord. No. 2017-677 , § 2(Exh. A), 8-30-2017)