§ 153.015 REVOCATION OF PERMITS AND STOP WORK ORDERS.

   (A)   Any permit may be revoked or suspended by the Director, after written notice to the permittee for:

      (1)   Violation of any material condition of the permit or of any material provision of this code;

      (2)   Violation of any material provision of any other code or ordinance of the town or state law relating to the work; and

      (3)   Existence of any condition or performance of any act that the town determines constitutes or causes a condition endangering life or damage to property.

   (B)   A stop work order may be issued by the Director to any person or persons doing or causing any work to be done in the public way for:

      (1)   Working without a permit, except for routine maintenance or emergency repairs to existing facilities as provided for in this code;

      (2)   Doing work in violation of any provisions of this code, or any other code or ordinance of the town, or state law relating to the work; and

      (3)   Performing any act, which town determines constitutes or causes a condition that either endangers life or property.

   (C)   A suspension or revocation by the Director, and a stop work order, shall take effect immediately upon notice to the person performing the work in the public way, or to the permittee’s last known address.

   (D)   Any suspension or revocation or stop work order may be appealed by the permittee to the Town Manager by filing a written notice of appeal within five working days of the action.

(Prior Code, § 165.22) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)

§ 153.016 APPEALS PROCEDURES.

   Any decision rendered by the Director or Town Manager pursuant to this code may be appealed within 30 days by the permittee to the Board of Trustees in accordance with the rules and procedures established by that body.

(Prior Code, § 165.23) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)

GENERAL USE AND CONSTRUCTION

§ 153.030 RIGHT-OF-WAY MEETINGS.

   (A)   The permittee will make reasonable efforts to attend and participate in meetings of the town, of which the permittee is made aware, regarding right-of-way issues that may impact its facilities, including, planning meetings to anticipate joint trenching and boring.

   (B)   Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, the permittee shall work with other providers, licensees, permittees and franchisees so as to reduce so far as possible the number of right-of-way cuts within the town and the amount of pedestrian and vehicular traffic that is obstructed or impeded.

(Prior Code, § 165.14.1) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)

§ 153.031 MINIMAL INTERFERENCE.

   (A)   Work in the right-of-way, on other public property, near public property or on or near private property shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents.

   (B)   (1)   The permittee’s facilities shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the town, or with any other pipes, wires, conduits, pedestals, structures or other facilities that may have been laid in the rights-of-way by, or under, the town’s authority.

      (2)   The permittee’s facilities shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with new improvements the town may deem proper to make or to unnecessarily hinder or obstruct the free use of the rights-of-way or other public property, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation or removal thereof, and shall not obstruct or impede traffic.

(Prior Code, § 165.14.2) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)

§ 153.032 UNDERGROUND CONSTRUCTION AND USE OF POLES.

   (A)   When required by general codes, ordinances, resolutions, regulations or rules of the town or applicable state or federal law, the permittee’s facilities shall be placed underground at no cost to the town. Placing facilities underground does not preclude the use of ground-mounted appurtenances.

   (B)   Where all facilities are installed underground at the time of the permittee’s construction, or when all such facilities are subsequently placed underground, all permittee facilities shall also be placed underground at no expense to the town unless funding is generally available for such relocation to all users of the rights-of-way. Related equipment, such as pedestals, must be placed in accordance with the town’s applicable code requirements and rules.

   (C)   For above ground facilities, the permittee shall utilize existing poles and conduit when possible.

   (D)   Should the town desire to place its own facilities in trenches or bores opened by the permittee, the permittee shall cooperate with the town in any construction by the permittee that involves trenching or boring; provided that, the town has first notified the permittee in some manner that it is interested in sharing the trenches or bores in the area where the permittee’s construction is occurring. The permittee shall allow the town to place its facilities in the permittee’s trenches and bores; provided, the town incurs any incremental increase in cost of the trenching and boring. Should the town desire to install ducts or conduit for the possible use of other entities, then the permittee shall allow the town to place these facilities in the permittee’s trenches and bores; provided, the town shares proportionally in the cost of trenching and boring. The town shall be responsible for maintaining its respective facilities buried in the permittee’s trenches and bores under this section.

(Prior Code, § 165.14.3) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)

§ 153.033 USE OF CONDUITS FROM TOWN.

   Unless otherwise restricted by tariff, the town may install or affix and maintain its own facilities for town purposes in or upon any and all of permittee’s ducts, conduits or equipment in the rights-of-way and other public places, at a charge to be negotiated between the parties, to the extent space therein or thereon is reasonably available, and pursuant to all applicable ordinances and codes. For the purposes of this section, TOWN PURPOSES includes, but is not limited to, the use of the structures and installations for town fire, police, traffic, utility, telephone and/or signal systems.

(Prior Code, § 165.14.4) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)