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A. The City Engineer shall review construction permits as follows:

Permit Procedure

Requirement Status

Optional Pre-Application Meeting

Yes

Notice of Application

No

Comment Period

None

Recommendation By

None

Pre-Decision Open-Record Hearing

No

Closed-Record Decision Hearing

No

Decision By

City Engineer

Notice of Decision

No

B. In the event that the City Engineer finds that the construction permit application conforms to the requirements of this chapter and applicable construction standards adopted by the city, the City Engineer must approve the construction permit, and may impose such conditions thereon as are reasonably necessary to protect the public health, welfare and safety, to mitigate any impacts resulting from the use, and to facilitate the orderly management of other utility and wireless facilities within the public right-of-way.

C. In the event that the City Engineer denies an application for a construction permit, the decision must be in writing and set forth the reasons for said denial, and must be based on substantial evidence in the written record. The city may not deny a construction permit on the basis of a failure to obtain a master permit. Following approval by the City Engineer, construction permits will be issued by the City Clerk.

D. The City Engineer has the discretion to approve a blanket construction permit for a period of up to one year when the applicant seeks approval to perform construction or maintenance that is of a repetitive or similar nature.

E. In evaluating a construction permit application under this chapter, the City Engineer must, in addition to the criteria set forth in AMC 5.38.060(B), determine whether the proposed construction is consistent with all construction standards adopted by the city.

F. The duration of a construction permit will be for one year, unless revoked or modified under the provisions of this chapter. The City Engineer must approve a construction schedule specifying the dates, times, and duration during which construction activity is permitted within the public right-of-way.

G. The construction permit incorporates the relevant terms and conditions of this chapter by reference.

H. The City Engineer has the power to regulate the construction and enforce construction permit conditions and the requirements of this chapter. The City Engineer must keep a record of the construction permit and the work done thereunder.

I. A service provider adversely affected by a final action denying a construction permit may commence an action within 30 days to seek relief, in any competent court of jurisdiction. (Ord. 3039 § 2, 2019)