(a) Nonexclusive Permit. No right-of-way permit granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the City for delivery of services or any other purposes.
(b) Rights Permitted. No right-of-way permit granted under this chapter shall convey any right, title or interest in the public ways, but shall be deemed a permit only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no permit shall be construed as any warranty of title.
(c) Public Way Route. Any right-of-way permit granted shall be limited to a grant to occupy the specific public ways and defined portions thereof.
(d) Compensation to the City. Except as prohibited by State law, the City reserves the right in the future to require reasonable compensation from existing and future operators or service providers for the use of the public right-of-way by an ordinance of City Council.
(e) Street Excavation Permits. To the extent that Chapter 1024
of the Fairlawn Codified Ordinances applies to a right-of-way permittee, such permittee shall obtain a street excavation permit from the City prior to commencing any construction, reconstruction, installation, maintenance, or repair of facilities, or any excavation of the public ways, and shall otherwise comply with the requirements of Chapter 1024
of the Fairlawn Codified Ordinances.
(f) Interference With Use of the Public Way. No permittee may locate or maintain its facilities in any manner that unreasonably interferes with the occupation or use of the public ways by the City, by the general public, or by other persons authorized to use or be present in or upon the public right-of-way. All such facilities shall be removed, relocated, or rearranged by the permittee, temporarily or permanently, as determined by the Director of Public Service or his/her designee, at their own expense and at no cost to the City.
(g) Damage to Property. No permittee, nor any person acting on the permittee's behalf, shall take any action or permit any action to be done which may impair or damage any City property, public right-of-way, or other property located in, on or adjacent thereto.
(h) Repair or Emergency Work. In the event of the need for any unexpected repair or emergency work, a permittee may commence such repair and emergency response work as required under the circumstances, provided the permittee shall notify the City as promptly as possible before such repair or emergency work is commenced, or within twenty-four hours after commencing such repair or emergency work if advance notice is not practicable.
(i) Maintenance of Facilities. Each permittee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable Federal, State and local requirements.
(j) Operation. Each permittee shall operate all facilities and structures within the public right-of-way in compliance with all applicable Federal, State and local laws, regulations, ordinances, and other rules.
(k) Removal of Unauthorized Facilities. Within thirty days following written notice from the City, any person that owns, controls or maintains any unauthorized facilities, structures, or other related appurtenances within the public right-of-way shall, at its own expense, remove such facilities or appurtenances from the public right-of-way or shall arrange to sell said facilities or appurtenances to the City. After the thirty days have expired, the City may remove the facilities or appurtenances from the public right-of-way at the other party's expense. A system or facility is unauthorized and subject to removal in the following circumstances:
(1) Upon termination of the permittee's right-of-way permit;
(2) Upon abandonment of a facility or structure within the public right-of-way;
(3) If the facility or structure was constructed, reconstructed, installed, operated, located or maintained without the prior grant of a right-of-way permit; or
(4) If the facility or structure was constructed, reconstructed, installed, operated, located or maintained, or any excavation of a public way was performed, without prior issuance of a required excavation permit.
(l) Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut, remove, relocate, or move any facilities or structures, or stop any construction, reconstruction, installation, operation or excavation work being performed within the public right-of-way, as the City may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare.
(m) Damage to Permittee's Facilities. Except as provided in R.C. § 2744.02, the City shall not be liable for any damage to or loss of any facility or structure within the public right-of-way of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling or work of any kind in the public right-of-way by or on behalf of the City.
(n) Restoration of Public Ways, Other Ways and City Property.
(1) When a permittee, or any person acting on its behalf, does any work in or affecting any public right-of-way, other City property, it shall, after the work is completed and at its own expense, promptly remove any structures, equipment or other obstructions therefrom, and restore all public right-of-ways, improvements, and other property to as good a condition as existed before the work was undertaken, unless otherwise directed by the Director of Public Service or his or her designee.
(2) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, reconstruction, installation, maintenance, repair or replacement of facilities must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work.
(3) If weather or other conditions do not permit the complete restoration required by this section, the permittee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the permittee's sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(o) As Built Drawings and Maps. Once a facility or structure has been constructed, installed, or collocated within the public right-of-way, the permittee shall provide the City with an accurate as-built drawing or map(s) on a medium and in a format compatible with the City's computer system, both hardware and software, and certifying the location of all facilities or structures within the public right-of-way.
(p) Contact Information. Permittee shall at all times maintain accurate contact information for all parties responsible for any facilities or structures within the public right-of-way. Such contact information shall include a phone number, street mailing address, and e-mail address for at least one natural person. All contact information for permittees shall be provided to the Director of Public Service or his designee.
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)