12.30.160 Denial of permit.
(a) Mandatory Denial. Except in an emergency, no right-of-way permit will be granted:
(1) To any person required by TMC 12.30.050 to be registered who has not done so;
(2) To any person required by TMC 12.30.070 to file an annual report but has failed to do so;
(3) For any project which requires the excavation of any portion of a right-of-way which was constructed or reconstructed within the preceding three years;
(4) If, in the discretion of the Director, the issuance of a permit for the specified date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other public event. The Director, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the right-of-way, and by considerations relating to the public health, safety and welfare.
(b) Discretionary Issuance. Notwithstanding the provisions of subsections (a)(3) and (a)(4) of this section, the Director may issue a permit in any case where the permit is necessary: (1) to prevent substantial economic hardship to a customer of the permit applicant; or (2) to allow such customer to materially improve its utility service; or (3) to allow a new economic development project; or (4) otherwise required by law.
(c) Permits for Additional Next-Year Projects. The Director may issue a permit to a registrant who was allowed under TMC 12.30.070 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 TMC 12.30.100. (Ord. 17587 § 5-12, 10-24-00. Code 1995 § 130-687.)
Cross References:Public Works Department, TMC 2.20.100.