(a) Preemption by State and Federal Law. Except as may be preempted by applicable State or Federal laws, rates, regulations, and orders, this Chapter shall apply and be controlling over each Service Provider with Facilities in the Rights-of-Way.
(b) Exemption for City-Owned or Operated Facilities. Nothing in this Chapter shall be construed to apply the provisions of this Chapter to Facilities owned or operated by the City or any of its operations.
(c) Application to Existing Code Provisions. In the event of a direct conflict between any provision of this Chapter and any other section of the City's Codified Ordinances, the provisions of this Chapter shall apply.
(d) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Chapter, or its application to any Person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
(e) Notices. Any notice or order referenced in this Chapter is properly served as set forth below:
(1) Personal delivery;
(2) E-mail;
(3) Sent by certified, pre-posted U.S. mail;
(4) Sent by common carrier or overnight mail with receipt tracking;
(5) By regular, first class U.S. mail, postage prepaid.
If the notice is sent by regular, first class U.S. mail, postage prepaid, and the letter is then returned showing that it was not delivered, or is not returned within fourteen (14) days after the date of mailing, then notice shall be posted in a conspicuous place in or about the structure, building, premises, or property affected by such notice.
(Ord. 3158. Passed 3-11-21.)