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A facilities operator shall indemnify, protect, defend, and hold the city and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and wireless service in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the right-of-way.
(Ord. 67-18. Passed 7-30-18.)
(a) Each facilities operator must procure and provide to the City a bond, escrow, deposit, letter of credit, or other financial surety in an amount sufficient to cover the cost of removal of all facilities owned or operated by the facilities operator.
(b) The City may, in its sole discretion, draw on the financial surety to remove abandoned, unused, or unsafe facilities, or to repair damage to any City property caused by the facilities operator or its agent. In such event, the facilities operator shall cause the financial surety be replenished to its prior amount within ten business days after City notifies the facilities operator that it has drawn on the financial surety.
(Ord. 67-18. Passed 7-30-18.)
The City reserves the right to install, and permit others to install, facilities in the right-of-way. The City may reserve space in the right-of-way and on wireless support structures for future utility, safety, or transportation uses. Such space may be reserved in an ordinance or plan approved by the Mayor, City Council, Chief Building Official, Planning Coordinator or Planning Commission.
(Ord. 67-18. Passed 7-30-18.)
(a) Consistent with R.C. § 4939.08, the City may require a facilities operator to remove or relocate facilities to accomplish construction and maintenance activities. The facilities operator shall remove or relocate the facilities at no cost to the City. If the facilities operator fails to remove or relocate the facilities within ninety days of receiving a request to do so from the City, then the City may remove the facilities at facilities operator's sole cost and expense, without further notice to the facilities operator.
(b) If the facilities are placed in a location other than the location approved by the City, the facilities operator shall relocate the facilities within thirty days of receiving notice that the facilities are located improperly.
(Ord. 67-18. Passed 7-30-18.)
A facilities operator shall notify the Planning Coordinator of all nonemergency work within ten calendar days prior to performing any upgrades or maintenance on any facilities, regardless of whether the work requires any permit or consent from the City.
(Ord. 67-18. Passed 7-30-18.)
It is within the City's reasonable discretion to waive a portion or portions of this chapter, as permitted under state and federal law, where such requirements in the City's judgment, are not necessary or appropriate to protect the City's interests and the purposes and intent of this chapter.
(Ord. 67-18. Passed 7-30-18.)
(a) Any person or entity found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. A separate and distinct offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) The City may revoke the small cell use permit of any facilities operator who violates, disobeys, omits, neglects, or refuses to comply with any provisions of this chapter or the design guidelines set forth in Chapter 1031 or as promulgated by the City.
(Ord. 67-18. Passed 7-30-18.)