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To any person who has failed within the past three (3) years to comply, or is <br />presently not in full compliance; with the requirements of this Section more <br />than three (3) times. If a project is in dispute or judicial proceedings, it <br />shall not be considered as grounds for mandatory permit denial and regular <br />permitted work should continue; <br /> <br />To any person as to whom there exists grounds for the revocation of a <br />permit under Section 4.10.22; and <br /> <br />If, in the sole discretion of the City, the issuance of a permit for the <br />particular date and/or time would cause a conflict or interfere with an <br />exhibition, celebration, festival, or any other event. The City, in exercising <br />this discretion, shall be guided by the safety and convenience of ordinary <br />travel of the public over the right-of-way, and by considerations relating to <br />the public health, safety and welfare. <br /> <br /> Subd. 2. Permissive Denial. The City may deny a permit in order to <br />protect the public health, safety and welfare, to prevent interference with the safety and <br />convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of- <br />way and its users.. The City may consider one or more of the following factors: <br /> <br />The extent to which the right-of-way space where the permit is sought is <br />available; <br /> <br />b. The competing demands for the particular space in the right-of-way; <br /> <br />The availability of other locations in the right-of-way or in other rights-of- <br />ways for the equipment of the permit applicant; <br /> <br />The applicability of ordinance or other regulations of the right-of-way that <br />affect location of equipment in the right-of-way; <br /> <br />So <br /> <br />The degree of compliance of the applicant with the terms and conditions of <br />its franchise, if any, this Section, and other applicable ordinances and <br />regulations; <br /> <br />The degree of disruption to surrounding communities and businesses that <br />will result from the use of that part of the right-of-way; <br /> <br />The condition and age of the right-of-way, and whether and when it is <br />scheduled for total or pavt4~ partial reconstruction based upon Five-year <br />Project plans filed with the City; and <br /> <br /> <br />