59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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days prior to the hearing. The notice shall advise the appellant that evi- dence and testimony will be heard, that the appellant may call witnesses and cross examine witnesses against the appellant, and that the Mayor may sub- poena any person who the appellant reasonably believes can provide com- petent testimony or evidence on the matter. A copy of such notice, specify- ing the purpose of the hearing and the time and place thereof at which all in- terested persons shall be heard, shall also be posted in the City Hall. Such notice may also be published in one or more newspapers of general circula- tion in the City. Such hearing shall be conducted by the Mayor, and shall be conducted in the manner described in the notice. Not more than ten (10) days after the conclusion of such hearing, the Mayor shall issue an order confirming, modifying or rescinding the notice of violation or determination on ap- peal. Any such order shall be a final order, within the meaning of Ohio Re- vised Code Section 2506.01, upon the filing of a copy thereof with the Clerk of Council. A copy of such order shall be served as soon as possible, in accordance with 904.11(e), upon the person requesting the hearing. (d) Other Remedies. Nothing in this chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforce- ment of this chapter. Section 2. New Section 901.22, Conflict with Use of Public Ways Chapter, of the Lake- wood Codified Ordinances, be enacted to read as follows: 901.22 CONFLICT WITH USE OF PUBLIC WAYS CHAPTER. Nothing in this chapter is intended to supersede the provisions of Chapter 904. To the extent any part of this chapter conflicts with Chapter 904, Chapter 904 shall control over the conflicting part of this chapter. Section 3. Section 903.99, Sidewalk Permit, of the Lakewood Codified Ordinances, cur- rently reading as follows: 903.09 SIDEWALK PERMIT. (a) For the purpose of this section, "sidewalk" means that portion of a street be- tween the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. (b) No person shall break, deface, damage or destroy any sidewalks or curbing in or along the streets or public places of the City. (c) Before any person, other than a City contractor, officer or employee, shall make any opening or remove any sidewalk or curb in or along any of the streets, alleys, avenues or public grounds in the City, such person shall file with the Director of Public Works a written or printed application for a permit, setting forth and indicating thereon the location and extent of the opening in the sidewalk or curb desired to be opened up or removed, and the purpose and size of the opening to be made. Before any permit is grant- ed, the applicant shall pay to the City a permit fee of twenty -five dollars ($25.00) per address, after which payment the Director of Public Works may issue a permit, and the applicant may proceed to do the work. The foregoing shall not apply to sidewalks taken up to lay connections by per- (02299394 - 1)