§ 430.110. Denial of permit.
(a) Mandatory denial. Except in the case of an emergency, no right-of-way permit will be granted:
(1)
To any person required to be registered who has not done so.
(2)
To any person required to file an annual report but has failed to do so.
(3)
For any next-year project not listed in the construction and major maintenance plan required under chapter 429, reporting obligations, except that a permit will not be denied when the right-of-way user has used commercially reasonable efforts to anticipate and plan for the project.
(4)
For any project which requires the excavation of any portion of a right-of-way which was constructed or reconstructed within the preceding five (5) years.
(5)
To any person who has failed within the past three (3) years to comply, or is presently not in full compliance, with the requirements of Chapters 429 and 430.
(6)
To any person who has outstanding debt owed to the city that is in arrears, due, owing, and unpaid.
(7)
To any person as to whom there exists grounds for the revocation of a permit under chapter 430.
(b)
Permissive denial. The city engineer may deny a permit in order to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, would cause a conflict or interfere with an exhibition, celebration, festival, or any other event, or when necessary to protect the right-of-way and its users. The city engineer, at the city engineer's discretion, may consider one or more of the following factors:
(1)
The extent to which right-of-way space where the permit is sought is available.
(2)
The competing demands for the particular space in the right-of-way.
(3)
The availability of other locations in the right-of-way or in other rights-of-way for the equipment facilities of the permit applicant.
(4)
The applicability of ordinance or other regulations of the right-of-way that affect location of facilities in the right-of-way.
(5)
The degree of compliance of the applicant with the terms and conditions of its franchise, Chapters 429 and 430, and other applicable ordinances and regulations.
(6)
The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way.
(7)
The condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction.
(8)
The balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way.
(c)
Discretionary issuance. Notwithstanding the provisions of sections 430.110(3) and 430.110(4), the city engineer may issue a permit in any case where the permit is necessary (a) to prevent substantial economic hardship to a customer of the permit applicant, or (b) to allow such customer to materially improve its utility service, or (c) to allow a new economic development project and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when it was required to submit its list of next year projects.
(d)
Permits for additional next-year projects. Notwithstanding the provisions this chapter, the city engineer may issue a permit to a registrant who was allowed under Chapter 429 to submit an additional next-year project, such permit shall be subject to all other conditions and requirements of law, including such conditions as may be imposed under chapter 430. (96-Or-127, § 1, 11-22-96; 97-Or-069, § 6, 8-8-97; 2000-Or-026, § 9, 4-21-00)