[Ord. No. 2-2018, § 7, eff. 2-15-2018; Ord. No. 37-2019, § 1, eff. 12-16-2019]
(a)
All construction, maintenance, repair, use, or occupation of public streets, sidewalks, or other public ways, bridges, walls, sewers, steps, and anything within the public right-of-way shall be under the supervision of the Director of Mobility and Infrastructure.
(b)
The Director shall be charged with the administration and enforcement of this Article. This includes, but is not limited to:
(1)
The Director shall have the sole discretion to assign priorities among competing requests for use of the right-of-way, generally according to the order of completed permit applications or to the highest and best use of the right-of-way as identified by the Director. The Director will have the power to prohibit or limit the placement or use of new or additional equipment within the right-of-way if there is insufficient space to reasonably accommodate all requests to occupy and use the right-of-way. In making these decisions, the Director shall strive, to the extent possible, to accommodate all existing and potential users of the right-of-way, but shall be guided primarily, but not exclusively, by considerations of the public interest, safety, and convenience, the condition of the right-of-way, the time of year, the protection of existing equipment in the right-of-way, and future City plans for public improvements and development projects.
(2)
The Director shall have the authority to establish yearly fees and fines for all permits, licenses, easements, or other uses within the public right-of-way, except for cable or telecommunications fees that are governed respectively by Chapter 425, Cable Communications, and Chapter 427, Telecommunications Systems in the Right-of-Way or for other exclusions mandated by law. The Director will establish the fees, subject to approval by Council, based on but not limited to the actual costs to the City of administration and maintenance of the public property, estimated prospective costs of maintenance thereof, public inconvenience, and other actual or reasonably anticipated costs to the City. Costs of maintenance shall include but is not limited to all costs to the City for relocation of any and all City facilities located upon, over, or under the public property.
(3)
The Director shall establish and administer policies as necessary for the implementation of this Article, including, but not limited to, operating procedures, permits, forms, rules, and regulations, to ensure the management of the right-of way for the public good. These policies shall be filed with the City Clerk and publicly posted, pursuant to Section 111.01(b) of the City Code. Additionally, fees and their associated permits and licenses will be updated annually in the City's Right-of-Way Fee Schedule pursuant to Section 170.01 and will be publicly posted.
(4)
The Director shall have the right to revoke any permit, without refunding fees, under the following circumstances:
(a)
A permittee fails to comply with the terms and conditions of any City ordinance, rule, regulation, or condition of that permit,
(b)
A permittee misrepresents any fact in the permit application;
(c)
The condition or use of the right-of-way changes;
(d)
The permitted activity negatively impacts public safety or the operations of the right-of-way;
(e)
The use of the right-of-way is required for the public good.