Title 12 Public Ways and Property
Chapter 12.09 Telecommunications, Cable – Municipal Authorization to Use Right-of-way
Section 12.09.150 Authority of Administering Officer
- The administering officer interprets and enforces this chapter, resolves conflicts, and determines disputes arising under this chapter or permits or franchises issued in connection therewith. The administering officer has authority to issue general regulatory orders affecting all service providers or other users, as well as specific orders in specific cases or circumstances as deemed necessary. General regulatory orders are published in the Official Gazette of the City of Spokane at least twenty days prior to taking effect unless otherwise ordered by the administering officer because of exigent circumstances. In such event, reasonable effort shall be made to notify affected parties. General or specific orders may be issued on application of an affected service provider or any other user.
- Orders and decisions of the administering officer are guided by the purpose of this chapter. Prior to issuance of an order, the administering officer may give such advance notice and opportunity for hearing as deemed proper, or may provide for a hearing upon request to review an order or specific application of a party arising after issuance. The officer may establish a filing fee not to exceed fifty dollars for consideration of any petition for action or determination by a regulated party or other person.
- An order may include provision for penalty of not more than five hundred dollars per violation. In case of a continuing violation, each day may be specified to be an additional and separate violation. No penalty for failure to comply with any administrative order may be assessed except after notice and opportunity for hearing for the affected party. Failure to pay a penalty is a violation of this chapter, and a breach of permit conditions and grounds for permit revocation by the administering officer after notice and opportunity for hearing for the permittee.
Date Passed: Monday, June 25, 2007
Effective Date: Saturday, August 4, 2007
Recodification ORD C34053 Section 1
