In addition to the other requirements set forth herein and in the rules and regulations, each provider upon receipt of a Certificate of Registration and/or person upon use of the rights-of-way shall:
(A) Use its best efforts to cooperate with other providers and users of the rights-of-way and the city for the best, most efficient, and least obtrusive use of rights-of-way, consistent with safety, and to minimize traffic and other disruptions including street cuts;
(B) When possible, participate in joint planning, construction and advance notification of rights-of-way work, as may be required by the city;
(C) Upon reasonable written notice, and at the direction of the city, promptly remove or rearrange facilities as necessary for public safety;
(D) Perform all work, construction, maintenance or removal of facilities within the rights-of-way, including tree trimming, in accordance with good engineering, construction and arboricultural practice including any appropriate state building codes, safety codes and law and use best efforts to repair and replace any street, curb or other portion of the rights-of-way, or facilities located therein, to a condition to be determined by the Public Works Director to be adequate under current standards and not less than materially equivalent to its condition prior to such work and to do so in a manner which minimizes any inconvenience to the public, the city and other providers, all in accordance with all applicable provisions of this chapter, any rules and regulations the city may adopt and the Codified Ordinances of the city;
(E) Construct, install, operate and maintain its facilities and system in a manner consistent with all laws, ordinances, construction standards and governmental requirements including, but not limited to, The National Electric Safety Code, National Electric Code and applicable FCC or other federal, state and local regulations;
(F) Be on notice that removal of trees within the rights-of-way of the city requires prior written approval by the Public Works Director. Any person that removes a tree in the rights-of-way without the written permission of the Public Works Director or his or her designee shall be subject to the penalties enumerated in § 52.999 herein;
(G) Warrant that all worker facilities, conditions and procedures that are used during construction, installation, operation and maintenance of the provider's facilities within the rights-of-way shall comply with all applicable standards of the Federal Occupational Safety and Health Administration;
(H) Use its best efforts to cooperate with the city in any emergencies involving the rights-of-way;
(I) Providers shall field identify their facilities in the rights-of-way whenever providers are notified by the city that the city has determined that such identification is reasonably necessary in order for the city to begin planning for the construction, paving, maintenance, repairing, relocating or in any way altering any street or area in the rights-of-way as defined in this chapter. The city shall notify the providers of the city's date to begin the process at least 60 days prior to the commencement of said activities;
(J) Providers shall identify all facilities that are within the affected rights-of-way using customary industry standards and distinct identification;
(K) Facilities will be so marked as to identify the provider responsible for said facilities;
(L) Should any such marking interfere with the facilities function, create a safety problem or violate any safety code, alternative methods of marking the facilities may be approved by the Public Works Director;
(M) Provider shall, weather permitting, remove all graffiti within 14 calendar days of notice. Provider shall remove any and all graffiti on any of the provider's facilities located within the rights-of-way. Should the provider fail to do so, the city may take whatever action is necessary to remove the graffiti and bill the provider for the cost thereof; and
(N) All marking should be clearly readable from the ground and include the provider's name or logo only. No advertising will be permitted.
(O) A provider that is replacing an existing utility pole shall notify all other providers with attachments on the existing utility pole when such attachments may be transferred to the replacement pole. Within 90 days of the date on which such notice is sent, all providers with attachments on the existing utility pole shall transfer their attachments to the replacement pole. Failure to transfer such attachments shall constitute an unauthorized use of the right-of-way pursuant to §§ 52.100 and 52.101. At the expiration of the 90-day period provided herein in the preceding sentences, the provider responsible for the existing utility pole and replacement pole shall remove the existing utility pole and, within 90 days thereafter, complete restoration. Upon request, the Public Works Director may grant said provider additional time for good cause shown.
(Ord. 24-2004, passed 12-20-04; Ord. 03-2019, passed 1-22-19) Penalty, see § 52.999