2007-124 Ordinance - Laserfiche WebLink

Home Browse Search

902.09 RECOVERY OF CITY COSTS OF MANAGING THE RIGHT-OF-WAY. (a) Pumose. The purpose of this Section 902.09 is to provide for the recovery of all direct and indirect costs and expenses actually incurred by the City and associated with a Service Provider or Contractor's Occupancy or Use of the Right-of-Way and related to the enforcement and administration of this Chapter in accordance with applicable law. (b) Recovery of Costs. Any City costs related to a Service Provider or Contractor's Occupancy or Use of the Right-of-Way and recovered pursuant to this Chapter shall be considered Public Way Fees as that term is defined in this Chapter and Chapter 4939 of the Ohio Revised Code. Public Way Fees shall be assessed by the City Engineer in a manner that is in accordance with Chapter 4939 of the Ohio Revised Code and any other applicable law. (1) City costs related to a Service Provider or Contractors' Occupancy or Use of the Right-of-Way which may be recovered include, but are not limited to, administrative costs associated with applications for consent to Occupy or Use the Right-of-Way, initial and annual registration, issuance and enforcement of construction permits, and invoicing for inspections. (2) City costs related to a Service Provider or Contractor's use of the Right- of-Way and recovered pursuant to this Chapter from the Performance Bond, letter of credit and/or Construction Bond shall be considered Public Way Fees and shall be assessed by the City Engineer in accordance with Chapter 4939 and any other applicable law. (c) Re u?L latory.Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this Chapter are separate from, and in addition to, any and all federal, State, local and City taxes as may be levied, imposed or due from a Service Provider, Contractor, its customers or subscribers, or on account of the lease, sale, delivery or transmission of Services. (d) Special Fund. Any Public Way Fees levied by, and remitted to, the City pursuant to this Chapter shall be deposited in a special fund maintained by the City for that purpose in accordance with the requirements of §4939.05(D). 902.10 REVIEW, APPEAL AND HEARING PROCEDURES. (a) Review and Appeal. A Service Provider or Contractor may appeal any decision of the City Engineer regarding a denial, revocation or suspension of consent to Occupy or Use the Right-of-Way, initial or annual registration, or construction permit, or denial for a request for modification or waiver of any requirements of this Chapter. (b) Hearing Procedure. Within fourteen (14) calendar days of a written decision of the City Engineer, a Service Provider or Contractor may file a written appeal to the Right-of- Way Appeals Board seeking relief from an adverse decision of the City Engineer regarding the Service Provider or Contractor. The Right-of-Way Appeals Board shall consist of the Director of Public Service, the Director of Finance and the Planning Directar, and shall hear appeals pursuant to procedures established by the Board. The Board shall consider all relevant factors including, but not limited to: the purpose of the City Engineer's decision or requirement of this Chapter from which relief is requested; whether the City Engineer's decision or the requirement of this Chapter is necessary or appropriate to protect the interests of the City; the health, safety and general welfare of the City's residents, the general public, and properties in the City; the purposes and intent of this Chapter; and the extent of the hardship, economic or otherwise, the 23 siz7z9-i .. . . . ........... . . .. gti.,::xa.,.?•, .•.. ? .hx.ni'rk?%nRM&?441?.... ...- .? I?RIfbR!MM€*'lseeantawa+'k?i . .nr3#:xu?,l2ns..;?e,?y,{3p ,s „?.,.y:...;_ ???.Wa :? . . . . ... . . .. . . .. .. . . , ..