12.60.070 Right-of-way use permit term, extension, renewal and termination.
A. No permit term shall exceed five years unless it has been approved by the full council.
B. The city has authority to grant a single 30-day extension to the applicant upon receipt of a written request, absent any known reasons for denial. Extensions of right-of-way use permits that involve downtown, community impacts, full street closures, or uses with policy or broad citywide implications shall require approval of the city engineer and may require additional fees.
C. Once a permit has expired or been revoked, the permit is not eligible for renewal and the applicant must apply for a new permit if continued use of the right-of-way is desired. Only Type C permits may be renewed. Permit renewal requires a new, complete application as determined by the city to be submitted; however, if the complete application is submitted to the city prior to the permit expiration, the application fee will be waived. No permit shall be automatically renewed.
D. All right-of-way use permits are wholly of a temporary nature, and vest no permanent rights whatsoever.
E. Right-of-way use permits are approved for the location and applicant listed on the permit and cannot be transferred for another location or for another applicant unless first approved by the city.
F. The city shall have the authority to restrict, suspend, or revoke a permit upon 30 days’ notice; provided, however, the city shall have the authority to immediately suspend or revoke a permit without such notice in situations that present, in the city’s determination, a health or safety hazard or constitute a public nuisance. The grounds for restricting, suspending, or revoking a right-of-way use permit shall include, but not be limited to:
1. Any other license or permit that the applicant is required to have for the same use as the right-of-way use permit is not acquired or is suspended, revoked, or canceled.
2. The applicant has violated or failed to meet any of the provisions of this chapter or is in violation of any other ordinances or regulations of the city relating to the use by the applicant for which the permit is applied for or issued.
3. The applicant has failed to meet the conditions of the permit.
4. The use for which the permit was approved has changed.
5. The permit was procured by fraud or misrepresentation of fact or was issued in error or on the basis of incorrect information supplied to the city.
6. The abutting property owner or legal representative withdraws consent in writing for a sidewalk vending unit. (Ord. 6795 § 1 (Exh. A), 2020; Ord. 6532 § 19, 2014; Ord. 6125 § 1, 2007.)