§ 24-56. Denial of permit.

The engineer may deny a permit due to the following:

(1)

Failure to register pursuant to section 24-50.

(2)

A proposed excavation within a street or sidewalk surface that has been constructed or reconstructed within the preceding five years, unless the engineer determines that no other locations are feasible or when necessitated by an emergency.

(3)

The applicant is subject to revocation of a prior permit issued pursuant to this article.

(4)

The proposed schedule for the work would conflict or interfere with an exhibition, celebration, festival or any other similar event.

(5)

The right-of-way would become unduly congested due to the proposed facilities and equipment when combined with other uses in the right-of-way, as provided in section 24-61(c).

(6)

Businesses or residences in the vicinity will be unreasonably disrupted by the work.

(7)

The proposed schedule conflicts with scheduled total or partial reconstruction of the right-of-way.

(8)

The applicant fails to comply with the requirements of this article or other sections of this Code.

Any denial of a right-of-way or small wireless facility permit shall be made in writing and shall document the basis for the denial. The city shall notify a telecommunications right-of-way user in writing within three business days of the decision to deny a permit. If a permit application is denied, the telecommunications right-of-way user may cure the deficiencies identified by the city and resubmit its application. If the telecommunications right-of-way user resubmits the application within 30 days of receiving written notice of denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised application within 30 days after the revised application is submitted.

(Code 1992, § 421.09; Ord. No. 1997-7, 8-18-1997; Ord. No. 2017-12 , § 7, 11-8-2017)