(a) Non-Exclusive Remedy. The remedies provided in this chapter are not exclusive or in lieu of other rights and remedies that the City may have at law or in equity. The City is hereby authorized at any time to seek legal and equitable relief for actual or threatened injury to the rights-of-way, including but not limited to damages to the rights-of-way, whether caused by a violation of any of the provisions of this chapter or other provisions of the City Code.
(b) Revocability. If a regulatory body or a court of competent jurisdiction should determine by a final, non-appealable order that any permit, right or any portions of this section are illegal or unenforceable, then any such permit or right granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party to terminate without cause upon giving thirty days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. If a permit or right shall be considered a revocable permit as provided herein, the permittee must acknowledge the authority of the City to issue such revocable permit and the power to revoke it.
(c) Reservation of Regulatory and Police Powers. The City, by the granting of a permit or by issuing a right-of-way permit pursuant to this chapter, does not surrender or to any extent lose, waive, impair, or lessen the lawful powers and rights, which it has now or may be hereafter vested in the City under the Constitution and laws of the United States, State of Ohio and under the Charter of the City to regulate the use of the rights-of-way. The permittee by its acceptance of a permit, or provider by applying for and being issued a right-of-way permit, is deemed to acknowledge that all lawful powers and rights, regulatory power, or police power, or otherwise as now are or the same as may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time. A permittee or provider is deemed to acknowledge that its rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted by the City pursuant to such powers.
(d) Requests for Information. In the event that the City receives a request from a third party for the disclosure of information a provider has clearly marked as "confidential/proprietary information," then the City shall respond in accordance with ORC Chapter 149 et seq. However, the City shall endeavor to use reasonable best efforts to timely place the provider's system representative on notice that such a request for public disclosure has been made, at which point it will be the provider's sole and exclusive responsibility to take whatever steps it deems necessary to protect such documents from disclosure.
(e) Applies to All Providers. This chapter shall apply to all providers and all permittees unless expressly exempted.
(f) Police Powers. All persons' rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety and welfare of the public. All persons shall comply with all applicable laws enacted by the City pursuant to its police powers. As applicable pursuant to law, all persons shall comply with City zoning and other land use requirements pertaining to the placement and specifications of facilities.
(g) Compliance. No person shall be relieved of its obligation to comply with any of the provisions of this chapter by reason of any failure of the City to enforce prompt compliance.
(h) Continuing Obligation and Holdover. In the event a provider or permittee continues to operate all or any part of the facilities after the termination, lapse, or revocation of a right-of-way permit, such provider or permittee shall continue to comply with all applicable provisions of this chapter and other laws throughout the period of such continued operation, provided that any such continued operation shall in no way be construed as a renewal or other extension of the right-of-way permit, nor as a limitation on the remedies, if any, available to the City as a result of such continued operation after the term, including, but not limited to, damages and restitution. Any conflict between the issuance of a right-of-way permit or of a permit and any other present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor of the latter.
(Ord. 43-19. Passed 1-26-21.)