For the purposes of this chapter, the following words and phrases
have the meanings set forth below. Unless otherwise expressly stated,
words and phrases not defined in this chapter will be given their
meaning as used in Title 47 of the United States Code and, if not
defined in that code, their meaning as used in Title 47 of the Code
of Federal Regulations.
Action or To Act:
the approval authority's grant of an application for a small wireless facility, eligible facility, or other wireless communications facility, or issuance of a written decision denying an application, pursuant to Section
6.10.070 or
6.10.075 of this chapter.
Amateur Radio Antenna:
any antenna used for transmitting and receiving radio signals
in conjunction with an amateur radio station licensed by the Federal
Communications Commission (FCC).
Antenna:
any system of poles, panels, rods, reflecting discs or similar
devices used for the transmission or reception of electromagnetic
waves or radio frequency signals, including devices with active elements
extending in any direction, and directional parasitic arrays with
elements attached to a generally horizontal boom which may be mounted
on a vertical support structure.
Antenna Equipment:
equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when collocated on a structure, is mounted
or installed at the same time as such antenna.
Applicant:
any natural person, firm, partnership, association, joint
venture, corporation, or other entity (or combination of entities),
and the agents, employees, and contractors of such person or entity
that seeks city permits or other authorizations under this chapter.
Approval Authority:
the director of public works designated to review and issue
a decision on a proposed permit or other authorization under this
chapter.
Authorization:
any approval that the approval authority must issue under applicable law prior to the installation, construction or other deployment of a small wireless facility, eligible facility, or any other wireless communications facility under Section
6.10.070 or
6.10.075 of this chapter, including, but not limited to, encroachment permit, excavation permit, zoning approval and/or building permit.
Building- or Roof-Mounted:
an antenna mounted on the side or top of a building or another
structure (e.g., water tank, billboard, church steeple, freestanding
sign, etc.), where the entire weight of the antenna is supported by
the building, through the use of an approved framework or other structural
system which is attached to 1 or more structural members of the roof
or walls of the building.
Cable Service:
the one-way transmission to subscribers of video programming,
or other programming services, and subscriber interaction, if any,
that is required for the selection or use of that video programming
or other programming service.
Cable Television System:
a facility, consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable service that includes video programming
and that is provided to multiple subscribers within a community. "Cable
television system" does not include any of the following:
1.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations.
2.
A facility that serves subscribers without using any public
right-of-way.
3.
A facility of a common carrier that is subject, in whole or
in part, to the provisions of Title II of the Communications Act,
except that such facility will be considered a cable system (other
than for purposes specified in Section 621(c) of the Communications
Act) to the extent such facility is used in the transmission of video
programming directly to subscribers, unless the extent of such use
is solely to provide interactive on-demand services.
4.
An open video system that complies with Section 653 of the Communications
Act.
5.
Facilities of an electric utility that are used solely for operating
its electric utility system.
Cable System Operator:
any person or group of persons who either:
1.
Provides cable service over a cable system and directly or through
one or more affiliates owns a significant interest in that cable system.
2.
Otherwise controls or is responsible for, through any arrangement,
the management and operation of that cable system.
C.F.R:
the Code of Federal Regulations.
Collocation (also known as "colocation" or "co-location"):
1.
For a small wireless facility subject to Section
6.10.070 of this chapter, "collocation" means: (a) mounting or installing an antenna facility on a pre-existing structure; and/or (b) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
2.
For an eligible facility subject to Section
6.10.075 of this chapter, "collocation" has the meaning set forth in Section 6.10.075.B of this chapter.
3.
For any other wireless communication facility subject to Section
6.10.070 of this chapter, "collocation" means the location of 2 or more wireless, hard wire, or cable communication facilities on a single support structure or otherwise sharing a common location. Collocation shall also include the location of communication facilities with other facilities (e.g., water tanks, light standards, and other utility facilities and structures).
Communications Act:
the Communications Act of 1934 (47 U.S.C. Section 153 et
seq.), as amended by the Cable Communications Policy Act of 1984,
the Cable Television Consumer Protection and Competition Act of 1992,
and the Telecommunications Act of 1996.
CPUC:
the California Public Utilities Commission.
Decorative Lighting:
any light fixture that incorporates ornamental design features
while also meeting the specific spread and lumen requirements dictated
by the location and purpose. Design features may include post top
and pendant bulbs, posts, bases, cross-arms, bollards and signage.
Height, density and placement relative to nearby architectural features
are also relevant to the design and purpose. Some examples in the
City of Seal Beach include the Electric Avenue greenbelt, Seal Beach
Pier and Main Street Business District.
Deployment:
the installation, placement, construction, or modification
of a small wireless facility, eligible facility or other wireless
communications facility.
Director:
the public works director of the City of Seal Beach.
Dish Antenna:
a dish-like antenna used to link communication sites together
by wireless transmissions of voice or data. Also called microwave
dish antenna.
Electromagnetic Field:
the local electric and magnetic fields caused by voltage
and the flow of electricity that envelop the space surrounding an
electrical conductor.
Equipment Cabinet:
a cabinet or structure used to house equipment associated
with a wireless, hard wire, or cable communication facility.
FAA:
the Federal Aviation Administration.
FCC:
Federal Communications Commission.
Franchise:
an initial authorization, or the renewal of an initial authorization,
granted by the city council (whether such authorization is designated
as a franchise, agreement, permit, license, resolution, contract,
certificate, or otherwise) that authorizes the construction or operation
of a cable system or an open video system.
Franchise Fee:
a fee or assessment of any kind that is authorized by state
or federal law to be imposed by the city on a franchisee as compensation
in the nature of rent for the franchisee's use of the public rights-of-way.
"Franchise fee" does not include any of the following:
1.
Any tax, fee or assessment of general applicability (including
any such tax, fee or assessment imposed on both utilities and franchisees
or their services).
2.
Capital costs that are required by the franchise to be incurred
by a franchisee for PEG access facilities.
3.
Costs or charges that are incidental to the award or enforcement
of the franchise, including payments for bonds, security funds, letters
of credit, insurance, indemnification, penalties or liquidated damages.
4.
Any fee imposed under Title 17 of the United States Code.
Franchise Service Area:
the entire geographic area of the city as it is now constituted,
or may in the future be constituted, unless otherwise specified in
the ordinance granting a franchise, or in a franchise agreement.
Franchisee:
any person that is awarded a franchise in accordance with
this chapter, and that person's lawful successor, transferee, or assignee.
Gross Annual Cable Service Revenues:
the annual gross revenues derived from the franchisee's operations
of its cable television system to provide cable services within the
city, excluding uncollected bad debt, refundable deposits, rebates
or credits, and further excluding any sales, excise, or other taxes
or charges that are required to be collected for direct pass-through
to the local, state or federal government. Revenues identified and
collected from subscribers as franchise fees may not be excluded from
a franchisee's gross annual cable service revenues.
Ground-Mounted:
any freestanding antenna, the entire weight of which is supported
by an approved freestanding platform, framework, or other structural
system which is attached to the ground by a foundation.
JFTB Los Alamitos:
the Joint Forces Training Base, Los Alamitos, California,
also known as the Los Alamitos Army Airfield.
Ministerial Permit:
an excavation permit, encroachment permit, or building permit
and any required ministerial permit application form and supporting
documents required by the city.
Monopole:
a single freestanding pole, post, or similar structure, used
to support equipment associated with a single communication facility.
Multi-channel Video Programming Distributor:
a person who makes available multiple channels of video programming
for purchase by subscribers or customers. "Multi-channel video programming
distributor" includes without limitation the following: a cable system
operator; an open video system operator; a multi-channel multipoint
distribution service; a direct broadcast satellite service; and a
television receive-only satellite program distributor.
NEPA:
the National Environmental Policy Act.
NHPA:
the National Historical Preservation Act.
Open Video System:
a facility consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that
is designed to provide cable service, including video programming,
and that is provided to multiple subscribers within the city, provided
that the FCC has certified that such system is authorized to operate
in the city and complies with 47 CFR 1500 et seq.
Open Video System Operator:
any person or group of persons who provides cable service
over an open video system and directly or through affiliates owns
a significant interest in that open video system, or otherwise controls
or is responsible for the management and operation of that open video
system.
Panel:
an antenna or array of antennas that are flat and rectangular
and are designed to concentrate a radio signal in a particular area.
Also referred to as a directional antenna.
PEG Access Facilities:
the total of the following:
1.
Channel capacity designated for noncommercial public, educational
or government use; and
2.
Facilities and equipment for the use of that channel capacity.
Permittee:
includes the applicant and all successors in interest to the wireless communications facility permit (WCFP) issued by the city pursuant to Section
6.10.070 or
6.10.075 of this chapter, and any related ministerial permit approved by the city.
Person:
an individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including a governmental
entity.
Pole:
a single shaft of wood, steel, concrete or other material
capable of supporting the equipment mounted thereon in a safe and
adequate manner and as required by provisions of this code.
Public Right-of-Way (PROW):
any public road, highway, sidewalk or other area described
in and subject to California
Public Utilities Code Section 7901 or
7901.1, as interpreted by applicable case law, and owned, licensed,
leased or otherwise under the control of the city.
Rules and Guidelines:
The policies, rules, guidelines, regulations and procedures
adopted from time to time by the city council to administer and implement
this chapter.
Section 6409(a):
Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C.
Section 1455(a) (the "Spectrum Act"), as may be amended.
Small Wireless Facility(ies):
a facility that meets each of the following conditions:
1.
The facility:
a.
Is mounted on structures 50 feet or less in height including
its antennas as defined in this section, or
b.
Is mounted on structures no more than 10% taller than other
adjacent structures, or
c.
Does not extend existing structures on which it is located to
a height of more than 50 feet or by more than 10%, whichever is greater;
2.
Each antenna associated with the deployment, excluding associated
antenna equipment (as defined in this section), is no more than 3
cubic feet in volume;
3.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
28 cubic feet in volume;
4.
The facility does not require antenna structure registration
under Part 17 of Subchapter A of Chapter 1 of Title 47 C.F.R., or
its successor regulations;
5.
The facility is not located on Tribal lands, as defined under
36 C.F.R. Section 800.16(x), or its successor regulation; and
6.
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 C.F.R. Section 1.1307(b), or its successor regulation.
Stealth Facility:
a telecommunications facility that is designed to blend into
the surrounding environment, typically one that is architecturally
or aesthetically camouflaged or otherwise integrated into a structure.
Also referred to as a concealed antenna.
Structure:
a pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless communications service (whether on its
own or comingled with other types of services).
Subscriber:
any person who, for any purpose, subscribes to the services
provided by a multi-channel video programming distributor and who
pays the charges for those services.
Telecommunications:
the transmission, between or among points specified by the
user, of information of the user's choosing, without change in the
form or content of the information as sent and received.
Telecommunications Equipment:
equipment, other than customer premises equipment, used by
a telecommunications service provider to provide telecommunications
service, including software that is integral to that equipment.
Telecommunications Service:
the offering of telecommunications directly to the public
for a fee, or to such classes of users as to be effectively available
directly to the public, regardless of the equipment or facilities
that are used.
Temporary Wireless Communications Facilities:
portable wireless facilities intended or used to provide
wireless communications services on a temporary or emergency basis,
such as a large-scale special event in which more users than usual
gather in a confined location or when a disaster disables permanent
wireless facilities. Temporary wireless communications facilities
include, without limitation, cells-on-wheels ("COWs"), sites-on-wheels
("SOWs"), cells-on-light-trucks ("COLTs") or other similarly portable
wireless facilities not permanently affixed to the site on which it
is located.
Tower:
any ground or roof mounted pole, spire, structure, or combination
thereof taller than 15 feet, including supporting lines, cables, wires,
braces, and masts, intended primarily for the purpose of mounting
an antenna or similar apparatus above grade.
Video Programming:
programming provided by, or generally considered comparable
to programming provided by, a television broadcast station.
Video Programming Provider:
any person or group of persons who has the right under the
federal copyright laws to select and to contract for the carriage
of specific video programming on a cable system or an open video system.
Video Provider:
any person, company, or service that provides one or more
channels of video programming to a residence, including a home, multifamily
dwelling complex, congregate-living complex, condominium, apartment,
or mobile home, where some fee is paid for that service, whether directly
or as included in dues or rental charges, and whether or not public
rights-of-way are used in the delivery of that video programming.
"Video provider" includes without limitation providers of the following:
cable television service; open video system service; master antenna
television; satellite master antenna television; direct broadcast
satellite; and multipoint distribution services.
Whip Antenna:
an antenna consisting of a single, slender, rod-like element,
which is supported only at or near its base. They are typically less
than 6 inches in diameter and measure up to 18 feet in height. Also
referred to as omnidirectional, stick or pipe antennas.
Wireless Communications Collocation Facility:
the same as a "wireless telecommunications colocation facility"
is defined in
Government Code Section 65850.6, as may be amended,
which defines a "wireless telecommunications colocation facility"
as a wireless telecommunications facility that includes colocation
facilities; a "colocation facility" as the placement or installation
of wireless facilities, including antennas, and related equipment,
on, or immediately adjacent to, a wireless telecommunications colocation
facility; a "wireless telecommunications facility" as equipment and
network components such as towers, utility poles, transmitters, base
stations, and emergency power systems that are integral to providing
wireless telecommunications services.
Wireless Communications Facility(ies) (WCF or WCFs):
public, commercial and private electromagnetic and photoelectrical
transmission, broadcast, repeater and receiving stations for radio,
television, telegraph, telephone, data network, and wireless telecommunications,
including commercial earth stations for satellite-based communications,
whether such service is provided on a stand-alone basis or commingled
with other wireless communications services. Includes antennas, commercial
satellite dish antennas, and equipment buildings. Does not include
telephone, telegraph and cable television transmission facilities
utilizing hard-wired or direct cable connections.
Wireless Communications Facility Permit (WCFP):
a permit issued by the city pursuant to this chapter, and
including the following categories:
1.
Small Wireless Facility Permit (SWFP):
a permit issued by the director pursuant to the requirements of Section
6.10.070 of this chapter for: (a) the deployment of a new small wireless facility; or (b) the replacement of, collocation on, or modification of, an existing small wireless facility.
3.
Maintenance Encroachment Permit:
an encroachment permit issued by the director pursuant to Section
6.10.070 of this chapter to carry out minor modifications, minor emergency maintenance or repairs, or other routine maintenance or repairs to an existing WCF.
Wireless Communications Services:
the provision of services using a wireless communications
facility, and shall include, but not be limited to, the following
services: personal wireless services as defined in the federal Telecommunications
Act of 1996 at 47 U.S.C. Section 332(c)(7)(C) or its successor statute,
cellular service, personal communication service, and/or data radio
telecommunications.
(Ord. 1515; Ord. 1677)
The open video system provisions of this chapter apply to an
open video system operator that intends to deliver video programming
to consumers in the city over an open video system.
(Ord. 1515)
Within 30 days after receipt of an application that is deemed
to be complete, the city manager will give written notice to the applicant
of the city's intent to negotiate an agreement setting forth the terms
and conditions under which the operation of the proposed open video
system will be authorized by the city. The commencement of those negotiations
will be on a date that is mutually acceptable to the city and to the
applicant.
(Ord. 1515)
The term "cable system," as defined in federal law and in this
chapter, does not include a facility that serves subscribers without
using any public rights-of-way. Consequently, the categories of multi-channel
video programming distributors identified below are not deemed to
be "cable systems" and are therefore exempt from the city's franchise
requirements and from certain other local regulatory provisions authorized
by federal law, provided that their distribution or transmission facilities
do not involve the use of public rights-of-way.
A. Multi-channel
multipoint distribution service ("MMDS"), also known as "wireless
cable," which typically involves the transmission by a FCC licensed
operator of numerous broadcast stations from a central location using
line-of-sight technology.
B. Local
multipoint distribution service ("LMDS"), another form of over-the-air
wireless video service for which licenses are auctioned by the FCC,
and which offers video programming, telephony, and data networking
services.
C. Direct
broadcast satellite ("DBS"), also referred to as "direct-to-home satellite
services," which involves the distribution or broadcasting of programming
or services by satellite directly to the subscriber's premises without
the use of ground receiving or distribution equipment, except at the
subscriber's premises or in the uplink process to the satellite.
(Ord. 1515)
Notwithstanding any provisions to the contrary set forth in
this chapter, the provisions of Chapter 23A (entitled "Franchises
for Cable Television Systems and Telecommunications Systems") of the
previous city code will continue in full force and effect as an uncodified
ordinance of the city. This uncodified ordinance will continue to
be applicable to the existing cable television franchise agreement
between the city and its franchised cable operator, Adelphia Communications
Corporation, or its duly authorized assignee. This uncodified ordinance
is subject to repeal by the city council at such time as the franchised
cable operator executes an amendment to the existing cable television
agreement or executes a new cable television franchise agreement,
the terms of which subject the franchised cable operator to this chapter.
(Ord. 1515)
A. Fee
for Support of PEG Access Facilities and Activities.
1. The
city council has determined that the public interest will best be
served by imposing, to the extent authorized by applicable law, comparable
financial obligations upon similarly-situated multi-channel video
programming providers that are franchised to provide video services
within the city. Consistent with the city's policy of requiring franchisees
to provide financial support for public, educational, and governmental
(PEG) access channel facilities and activities, a fee is established
as set forth below in paragraph 3 of this subsection.
2. On
December 31, 2006, the city's incumbent cable operator was contractually
obligated to pay an annual fee of $75,000 to support PEG channel facilities
and activities. This fee is in excess of 1% of the cable operator's
reported gross revenues, and it is approximately equivalent to 1.20%
of the reported gross revenues. The term "gross revenues" shall be
defined as set forth in California
Public Utilities Code Section 5860.
3. The
city hereby establishes and imposes upon any state video franchise
holder operating in the city a fee, separate from the 5% franchise
fee, to support PEG access channel facilities and activities. This
separate fee is in the amount of 1.20% of a video service provider's
gross revenues. The restrictions and limitations set forth below in
paragraph 4 of this subsection apply to this PEG access support fee.
4. The
fee in support of PEG access channel facilities and activities specified
above in paragraph 3 of this subsection, as applied to a state video
franchise holder, is subject to the following provisions:
a. The fee must not exceed 3% of the holder's gross revenues, as the
term "gross revenues" is defined in the
Public Utilities Code Section
5860.
b. The fee will terminate upon expiration of the state video franchise,
but it may be reauthorized by ordinance adopted by the city council.
c. If the imposition of this fee, or any component thereof, is determined
to be contrary to or inconsistent with the provisions of Public Utilities
Code Section 5870 by subsequent legislative action, judicial decision,
or administrative interpretation, then an alternative fee for PEG
support obligations may be imposed by ordinance adopted by the city
council.
d. The fee established by this subsection
A shall be remitted quarterly to the city treasurer and must be received not later than 45 days after the end of the preceding calendar quarter. The fee payment shall be accompanied by a summary that describes all sources of the gross revenues upon which the fee is based, which summary must be verified by a responsible financial officer or employee of the video service provider.
e. A late payment charge equal to the highest prime lending rate during
the period of delinquency plus 1% of the amount due and delinquent
shall be applied to any amount due from a state-franchised video service
provider for PEG support fees not received by the city when due pursuant
to this chapter.
B. Franchise
Fee. A state video franchise holder operating in the city shall pay
to the city a franchise fee that is equal to 5% of the gross revenues
of that state video franchise holder. The term "gross revenues" shall
be defined as set forth in
Public Utilities Code Section 5860.
C. Audit
Authority. Not more than once annually, the city may examine and perform
an audit of the business records of a holder of a state video franchise
to ensure compliance with all applicable statutes and regulations
related to the computation and payment of franchise fees.
D. Customer
Service Penalties Under State Video Franchises.
1. The
holder of a state video franchise shall comply with all applicable
state and federal customer service and protection standards pertaining
to the provision of video service.
2. The
city shall monitor a state video franchise holder's compliance with
state and federal customer service and protection standards. The city
will provide to the state video franchise holder written notice of
any material breaches of applicable customer service and protection
standards, and will allow the state video franchise holder 30 days
from receipt of the notice to remedy the specified material breach.
Material breaches not remedied within the 30-day time period will
be subject to the following monetary penalties to be imposed by the
city in accordance with state law:
a. For the first occurrence of a violation, a monetary penalty of $500
shall be imposed for each day the violation remains in effect, not
to exceed $1,500 for each violation.
b. For a second violation of the same nature within 12 months, a monetary
penalty of $1,000 shall be imposed for each day the violation remains
in effect, not to exceed $3,000 for each violation.
c. For a third or further violation of the same nature within 12 months,
a monetary penalty of $2,500 shall be imposed for each day the violation
remains in effect, not to exceed $7,500 for each violation.
3. A
state video franchise holder may appeal a monetary penalty assessed
by the city within 60 days. After relevant evidence and testimony
is received, and staff reports are submitted, the city council will
vote to either uphold or vacate the monetary penalty. The city council's
decision on the imposition of a monetary penalty shall be final.
E. City
Response to State Video Franchise Applications.
1. Applicants
for state video franchises within the boundaries of the city must
concurrently provide to the city complete copies of any application
or amendments to applications filed with the California Public Utilities
Commission. One complete copy must be provided to the city manager.
2. The
city will provide any appropriate comments to the California Public
Utilities Commission regarding an application or an amendment to an
application for a state video franchise.
F. PEG
Access Channel Capacity.
1. A
state video franchise holder that uses the public rights-of-way shall
designate sufficient capacity on its network to enable the carriage
of at least 3 public, educational, or governmental (PEG) access channels.
2. Additional
requirements relating to PEG access channels are as follows:
a. A state video franchise holder is subject to payment of the PEG support fee specified above in subsection
A of this section.
b. PEG access channels shall be for the exclusive use of the city or
its designees to provide public, educational, or governmental programming.
c. Advertising, underwriting, or sponsorship recognition may be carried
on the PEG access channels for the purpose of funding PEG-related
activities.
d. The PEG access channels shall be carried on the basic service tier.
e. To the extent feasible, the PEG access channels shall not be separated
numerically from other channels carried on the basic service tier,
and the channel numbers for the PEG access channels shall be the same
channel numbers used by the incumbent cable operator unless prohibited
by federal law.
f. After the initial designation of PEG access channel numbers, the
channel numbers shall not be changed without the prior written consent
of the city, unless the change is required by federal law.
g. Each PEG access channel shall be capable of carrying a National Television
System Committee (NTSC) television signal.
G. Interconnection.
Where technically feasible, a state video franchise holder and incumbent
cable operator shall negotiate in good faith to interconnect their
networks for the purpose of providing PEG access channel programming.
Interconnection may be accomplished by direct cable, microwave link,
satellite, or other reasonable method of connection. State video franchise
holders and incumbent cable operators shall provide interconnection
of the PEG access channels on reasonable terms and conditions and
may not withhold the interconnection. If a state video franchise holder
and an incumbent cable operator cannot reach a mutually acceptable
interconnection agreement, the city may require the incumbent cable
operator to allow the state video franchise holder to interconnect
its network with the incumbent's network at a technically feasible
point on the holder's network as identified by the holder. If no technically
feasible point for interconnection is available, the state video franchise
holder shall make an interconnection available to the channel originator
and shall provide the facilities necessary for the interconnection.
The cost of any interconnection shall be borne by the state video
franchise holder requesting the interconnection unless otherwise agreed
to by the parties.
H. Emergency
Alert System and Emergency Overrides. A state video franchise holder
must comply with the Emergency Alert System requirements of the Federal
Communications Commission in order that emergency messages may be
distributed over the holder's network. Provisions in city-issued franchises
authorizing the city to provide local emergency notifications shall
remain in effect, and shall apply to all state video franchise holders
in the city for the duration of the city-issued franchise, or until
the term of the franchise would have expired had it not been terminated
pursuant to subdivision (m) of Section 5840 of the California Public
Utilities Code, or until January 1, 2009, whichever is later.
I. Encroachment
Permit Applications.
1. As
used in this section, the term "encroachment permit" means any permit
issued by the city relating to construction or operation of facilities
by the holder of a state video franchise.
2. The
city shall either approve or deny an application from a holder of
a state video franchise for an encroachment permit within 60 days
of receiving a completed application.
3. If
the city denies an application for an encroachment permit, the city
shall, at the time of notifying the applicant of the denial, furnish
to the applicant a detailed explanation of the reason for the denial.
An applicant may appeal the city's denial of an encroachment permit
application to the city council. A written notice of appeal stating
the facts of the matter and the grounds for appeal shall be filed
with the city clerk within 10 days of the denial. The city clerk shall
set the matter for hearing at a regular meeting of the city council
and shall give the appellant written notice of the time and place
of hearing at least five days before the hearing. The decision of
the city council taken after the appellant has had an opportunity
to be heard will be final.
(Ord. 1515; Ord. 1563; Ord. 1668)