When a completed application for an encroachment permit is submitted to the city by a state video franchise holder, the application shall be approved or denied by the director, or his or her designee, within sixty days of the date of receipt. An application for an encroachment permit sought pursuant to this section shall not be complete until the applicant has complied with all requirements, including any analysis required under the California Environmental Quality Act, and has paid the required fee as established by a resolution of the city council.
In the event the director denies an application for an encroachment permit submitted by a state video franchise holder, the director shall notify the applicant of the denial and furnish to the applicant with a detailed explanation of the reason(s) for the denial.
In the event that a state video franchise holder wishes to appeal the director's decision to deny an application, the decision may be appealed to the city council. An appeal shall be filed by submitting to the city clerk, within fifteen days from the director's notification of a decision on the application, a notice of appeal stating the grounds for the appeal along with a filing fee in an amount established by resolution of the city council. If the fifteenth day falls on a weekend or legal holiday recognized by the city, the final appeal day shall be the next regular business day of the city. Within thirty days of the receipt of a timely appeal, the city clerk shall agendize a city council hearing to consider the appeal.
For the purposes of this section, "state video franchise holder" means a person or group of persons that has been issued a state franchise from the commission pursuant to Division
2.5 of the California Public Utilities Code.
When the permittee's conduits and other facilities are not being installed underground, the permittee shall utilize its existing poles, conduits or other facilities (collectively, "system") to the extent feasible, as determined by the director of public works, and shall remove all portions of the above-ground system which will no longer be utilized. In addition, all facilities which are installed above ground shall utilize anti-graffiti surfaces and shall be of a design approved by city staff. Should a permittee's facilities be painted with graffiti, the permittee shall have five days from its receipt of notification of the graffiti by the city to remove the graffiti. Upon the failure, refusal or neglect of the permittee to remove the graffiti within said five days, the city manager may cause the graffiti to be removed and, upon so doing shall submit to the permittee an itemized statement of the costs therefor. The permittee shall, within thirty days after receipt of such statement, pay to the city the entire amount thereof.
(Ord. 993-07 § 1)