Regulations the city can see that at ts cabinet do in commodity the city because of the new legislation and a matter of law with the position is that at t has a franchise with the state that allows it to use the rightofway subject to the condition that the cabinet doesnt block the rightofway the city cant retro Telegraph Hill apply the new permits on the new basis thank you for your consideration. Mr. Johnson on your retro activity argument it sounds like theres no precouncil Court Opinion have those cases been looked at. Theres several opinions i can come up back an rebuttal and give you the site locations and. I have a question you piloted that the first cabinet is not app so regarding the other two pictures are those at t cabinets. I dont know if i have ms. Raising come in come up. We have one opinion on one cabinet well need another opinion on the second cabinet. Good point. Commissioners, i just know our boxes does not have paddle locks on them and its hard to tell with the photo
Dpws position that despite the fact they concede that the permit was properly granted under the older smf order they found it will not income mode the sidewalk but at t is not in compliance with the new recollections the reality as of today dpw has not issued the new rules and regulations three weeks over the deadline the Department Remains in violation of ordinance i you dont think its fair or legal to deny my clients permit because it hadnt followed the rules and regulations because its not been recorded a few general points b about general activity its true that generally speaking as a matter of law cities can pass now zoning ordinances while the permits are pending and retro actively apply the permits such as the one here this evening surprisingly there are exceptions to the rule id like to make two of them bring two of them to our considerations the first expectation is when theres a maurntd statutory time limit and the city acts within time limit and the time limit expires the ci