SEC. 21.1633. ENCROACHMENT PERMIT AND APPEAL RIGHTS.

(a) A franchisee shall obtain an encroachment permit from the County in accordance with Title 7 of the County Code before it engages in any excavation, construction or installation of any cable, equipment or any other thing in a County right of way.

(b) A franchisee, who is denied an encroachment permit after submitting a completed application for the permit, shall have the right to appeal the denial by filing a notice of appeal with the Clerk of the Board of Supervisors within 15 days from the notice of denial. The notice of appeal under this section shall:

(1) Be accompanied by a copy of the written decision denying the permit, if any;

(2) Contain a concise statement of the grounds for appeal including any errors the appellant alleges were committed;

and

(3) Contain an address within the County of San Diego to which the County may send written notices related to the

appeal.

(b) The Clerk of the Board shall schedule the appeal for a hearing before the Board within 60 days from the date the appeal is filed. The Clerk shall provide each appellant with at least 10 days written notice of the hearing.

(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)

The Board of Supervisors may adopt the decision denying the permit, modify the decision or reverse the decision or refer the matter back to the responsible department for further hearing, specifying issues requiring additional evaluation. If the Board adopts, modifies or reverses the decision following a hearing, the Board's decision shall be final on the date it is orally announced.

(Added by Ord. No. 10756 (N.S.), effective 12-2-21)