15.28.060 - Determination of probable interference.
A. Investigation. The Director of Transportation shall ascertain the probable interference with the rights of the public that such moving will cause, and any other facts which may aid in determining whether or not such permit should be granted. The Director of Transportation shall also prescribe the time such moving shall be done, the route to be followed and such traffic barricades and escorts and any other stipulations such official may deem necessary for public safety and convenience. The determinations of the Director shall be subject to the concurrence of the Superintendent with respect to movement along or across a park drive or boulevard.
B. Opportunity for Hearing. If the Director of Transportation finds the injury and inconvenience to the public, to owners of private property, and to public utilities is minor, or that the affected parties consent to the move, and the Superintendent concurs in authorizing the movement planned along or across a park drive or boulevard, the Director may grant the permit without a hearing. If the Director of Transportation finds that there would be substantial injury or inconvenience to the public, to public utilities or to owners of private property and there are unresolved objections to the move, the Director shall notify the applicant that the permit may only be granted through a public hearing process; and, if the applicant so requests, the Director shall designate a hearing officer and schedule a hearing.
C. Hearings. If a hearing is scheduled, the Director shall notify the applicant and the owners or agents of the properties that may be affected of the date, time, and place of the public hearing regarding such application. At this hearing, all persons interested may appear and offer their opinion regarding whether or not such permit should be granted.
D. Cost of Advertising. Whenever the Director of Transportation determines that a public hearing must be held to determine whether or not a permit to move a building or equipment should be granted, the applicant shall pay the cost to the City for advertising the hearing.
E. Decision. Based upon the findings of the hearing officer with respect to such application and the testimony received during the public hearing on such application, the Director shall determine whether or not such permit shall be granted.
(Ord. 118409 § 76, 1996; Ord. 118369 § 10, 1996; Ord. 117569, § 81, 1995; Ord. 115994, § 26, 1991; Ord. 108382, § 2, 1979; Ord 90047, § 28-A(F), 1961.)