(A) Relocation. All small cell facilities shall be constructed and maintained so as not to obstruct or hinder the usual travel on or safety of the public right-of-way or obstruct any legal use of the city’s right-of-way or uses of the right-of-way by utilities or other providers. If, in the reasonable determination of the city, a small cell facility needs to be relocated for reasons of public health, safety, or welfare or ROW maintenance or construction projects, the small cell facility shall be relocated at the owner’s or operator’s expense. If the owner or operator of the small cell facility fails to complete any relocation as required by the city within 90 days of mailing of written notice, the city may commence and complete the relocation and charge the owner or operator of the small cell facility for the actual and reasonable costs of the relocation including any reasonable attorney fees and expenses.
(B) Removal of abandoned small cell facilities, utility poles, and other SCF support structures. Any SCF, utility pole, or other SCF support structure that is not operated for a continuous period of 12 months or is no longer authorized by a small cell facility permit or other permit shall be considered abandoned, and the owner of such SCF, utility pole or other SCF support structure shall so notify the city in writing and remove the same within 90 days of giving notice to the city of such abandonment. Failure to remove an SCF, utility pole, or other SCF support structure within said 90 days shall be grounds for the city to remove the SCF, utility pole, or SCF support structure at the owner’s expense including all costs and reasonable attorney fees.
(C) Multiple users. If there are two or more users of a single utility pole or SCF support structure, these provisions shall not become effective until all users cease using the utility pole or SCF support structure.
(Ord. 591, passed 10-21-2019)