Title 12 Public Ways and Property
Chapter 12.09 Telecommunications, Cable – Municipal Authorization to Use Right-of-way
Section 12.09.090 Exemption – Preemption
Anyone asserting a claim of preemption or exemption from a requirement of this chapter, permit, franchise, or order shall first present the same to the administering officer, with any supporting factual or legal arguments. The administering officer may resolve the question under such procedures as deemed efficient or may refer the matter to the hearing examiner for resolution through the hearings process in like manner as an appeal. The intent of this provision is to provide a quick and efficient means of understanding and resolving problems arising with respect to any permit or use or occupancy of the right-of-way or other permitted areas, consistent with the purpose of this chapter and other applicable laws.
Date Passed: Monday, June 25, 2007
Effective Date: Saturday, August 4, 2007
Recodification ORD C34053 Section 1
