(a) Purpose. It is the purpose of this Section 933.08 to provide for the recovery of all direct and indirect costs and expenses actually incurred by the City and associated with a Public or Private Service Provider's Occupancy or Use of the Public Right-of-Way and related to the enforcement and administration of this Chapter. All fees related to the Occupancy or Use of the Public Right-of-Way shall be considered to be Public Way Fees as that term is defined in this Chapter and shall be assessed by the City in a manner which is in accordance with Chapter 4939 of the Ohio Revised Code and any other applicable law.
(b) Waiver or Offset of Public Way Fees. Public Way Fees assessed against a governmental entity shall be waived. Public Way Fees assessed against Cable Operators shall be offset and/or credited in accordance with Section 933.09(e).
(c) Assessment of Public Way Fees. The City Manager shall have the authority to assess Public Way Fees for Occupancy or Use of the Public Right-of-Way consistent with the provisions of this Chapter without further action of City Council. The following fees are hereby authorized:
(1) An annual fee of Two Hundred Dollars ($200.00) shall be paid to the City by each Public or Private Service Provider occupying and using the Public Right-of-Way. The fee shall be increased by ten percent (10%) every five years, rounded to the nearest five (5) dollars, beginning in the year 2026.
(2) Permit fees shall be paid at the time of permit application fee submittal. For Director of Public Services review, the fee shall be One Hundred Fifty Dollars ($150.00). For engineering review, the fee shall be Three Hundred Fifty Dollars ($350.00).
(d) Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this Chapter are separate from, and additional to, any and all federal, State, local and City taxes as may be levied, imposed or due from a Service Provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of Services.
(Ord. 3158. Passed 3-11-21.)