(a) Administration. The City Administrator or Director of Service shall be the principal city official responsible for the administration of Sections 1180.01 through 1180.21, except as otherwise provided herein. The City Administrator may delegate any or all of the duties hereunder to the Director of Service or other designee.
(b) Right-of-Way Occupancy. Each person or entity who occupies, uses, or seeks to occupy or use the rights-of-way to operate a system located in the rights-of-way, or who has, or seeks to have, a system located in any right-of-way, shall apply for, and obtain a certificate of registration pursuant to Sections 1180.01 through 1180.21. Any person owning, operating, or maintaining a system in the rights-of-way without a certificate of registration, including persons operating under a permit, license or franchise issued by the City prior to the effective date of Sections 1180.01 through 1180.21 shall apply for and obtain a certificate of registration from the city, unless exempted as set forth herein. Application will consist of providing the information set forth herein and as reasonably required by the City Administrator.
(c) No Construction Without a Certificate of Registration. Following the effective date of Sections 1180.01 through 1180.21, no person shall construct or perform any work on or in or use any system or any part thereof located on or in any rights-of-way without first obtaining a certificate of registration. Whoever violates this section is guilty of a misdemeanor of the first degree and shall pay a minimum fine of five hundred dollars ($500.00) for each violation of this code. Each day shall constitute a separate offense if construction is commenced without a Certificate of Registration.
(d) Exceptions.
(1) The following entities are not obligated to obtain a certificate of registration: the City (exclusive of its contractors which shall be required to obtain and maintain a certificate of registration); and resellers of services that do not own any system or facilities in the rights-of-way.
(2) The following entities are required to participate in the certificate of registration process but shall be exempt from the financial obligations of the application fee and the registration maintenance fee: a county or state of Ohio governmental entity, cable operators for the purpose of providing only cable service and operating pursuant to a valid cable franchise, if exempted by state law and a video service provider for the purpose of providing only video service and operating pursuant to a valid video service authorization issued in accordance with Ohio R.C. 1332.24. In addition, cable operators shall be exempt from any requirement of the certificate of registration process that is specifically exempted by state law.
(e) Systems in Place Without a Certificate of Registration. Any system or part of a system found in a right-of-way for which a certificate of registration has not been obtained shall be deemed to be a nuisance and an unauthorized use of the rights-of-way. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to abating the nuisance; taking possession of the facilities and/or noncomplying portion of such system; and/or prosecuting the violator and/or assessing any costs incurred in the inspection, removal and/or correction of any improperly installed system and assessment of penalties and fines.
(f) Future Uses. In allowing providers and permittees to place facilities in the rights-of-way, the City shall not be liable for any damages caused thereby to any provider's facilities that are already in place or that shall be placed in the rights-of-way unless those damages arise out of the sole negligence, gross negligence, willful misconduct, or fraud of the City. No provider is entitled to rely on the provisions of Sections 1180.01 through 1180.21 as creating a special duty to any provider.
(g) Discontinuance of Operations, Abandoned and Unused Facilities.
(1) A provider who has discontinued or is discontinuing its operations of any system in the City shall:
A. Provide information satisfactory to the City that the provider's obligations for its system in the rights-of-way under this section and any other sections in this Code have been lawfully assumed by another applicant and/or provider; or
B. Submit a written proposal to re-use its facilities in a manner that promotes the City's goals of providing innovative and economic solutions to efficiently and economically utilize limited rights-of-way capacity. Such proposal must be approved by the Director of Service; or
C. Submit a written proposal for abandonment of facilities in place indicating why good engineering practice would support this type of solution. The Director of Service must approve said proposal; or
D. Completely remove all specifically identified portion(s) of its system in a manner acceptable to the City within a reasonable amount of time if the City believes that there exists a reasonable justification for such removal; or
E. Submit to the city within a reasonable amount of time and in accordance with Ohio R.C. § 4905.20 and 4905.21, a proposal for transferring ownership of its facilities to the City. If a provider proceeds under this clause, the City may, at its option where lawful:
(i) Purchase the facilities; or
(ii) Unless a valid removal bond has already been posted, require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the facilities.
(2) Facilities of a provider who fail to comply with this section and which remain unused facilities shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to:
A. Abating the nuisance.
B. Taking possession of the facilities and restoring them to a useable condition subject to a finding of the PUCO pursuant to the requirements of Ohio R.C. § 4905.20 and 4905.21; or
C. Requiring removal of the facilities by the provider or by the provider's surety.
(3) If the City requires a provider to remove unused facilities in any rights-of-way, the City shall make reasonable efforts to direct that this removal occur in conjunction with other scheduled excavations of the rights-of-way. If the City abates the nuisance, it may take all action necessary to recover its costs and to abate said nuisance, including but not limited to, those methods set forth in Maumee Codified Ordinances or Ohio R.C. § 715.261.
(h) Nature of Issuance. A certificate of registration shall not convey equitable or legal title in the rights-of-way. A certificate of registration is only the nonexclusive, limited right to occupy rights-of-way in the City, for the limited purposes and for the limited period stated in the certificate of registration and in accordance with this Code. The rights to occupy the right-of-way may not be subdivided or subleased; provided, however, that two (2) or more providers may collocate facilities in the same area of the rights-of-way so long as each such provider complies with the provisions of Sections 1180.01 through 1180.21. Collocating providers may file a joint application for a construction permit. A certificate of registration does not excuse a provider from obtaining appropriate access or pole attachment agreements before collocating its facilities on facilities of others, including the City's facilities. A certificate of registration does not prevent a provider from leasing space in or on the provider's system, so long as the sharing of facilities does not cause a violation of law, including the provisions of Sections 1180.01 through 1180.21. A certificate of registration does not excuse a provider from complying with any provisions of Sections 1180.01 through 1180.21 or other applicable law.
(i) Other Approvals, Permits, and Agreements. In addition to a certificate of registration, providers shall obtain any and all regulatory approvals, permits, authorizations, or licenses necessary for the offering or provision of such services from the appropriate federal, state and local authorities and upon the City's reasonable request, shall provide copies of such documents to the City. Further, a certificate of registration issued pursuant to Sections 1180.01 through 1180.21 shall not entitle a provider to use, alter, convert to, or interfere with, the facilities, easements, poles, conduits, lines, pipelines, wires, fiber, cable or any other real or personal property of any kind whatsoever under the management or control of the City.
(j) The City Administrator may propose, and Council may adopt (and from time to time amend) the Rules and Regulations regarding Chapter 1180, Construction standards and occupancy requirements of the Right of Way. Such Rules and Regulations shall not materially increase the obligation of any provider hereunder, provided however that none of the following shall in any way be considered a material increase in obligation; the adoption of Rules and Regulations increasing Fees; the requiring of the placement of Facilities in designated portions of the Rights of Way (underground or otherwise); the overbuilding of Facilities; or the requiring of joint builds. Prior to the adoption or amendment of the Rules and Regulations, the City of Maumee shall provide written notice and a copy of the proposed language of such adoption or amendment, via United States Regular Mail, to each Provider who holds a then current Certificate of Registration. Each Provider shall then have thirty (30) days following the date of the City of Maumee's mailing to provide written comment regarding the proposed language to the City of Maumee. At least forty-five (45) days, but not more than sixty (60) days following the date of the City of Maumee's mailing, the City of Maumee shall schedule and hold a meeting, to make available a forum at which all then current Providers may address any questions, concerns and make reasonable suggestions regarding the proposed new Rules and Regulations to the City of Maumee. The City of Maumee Administrator shall, following said meeting and the review of the Providers' comments and suggestions, adopt or amend the Rules and Regulations in a manner that best serves the City of Maumee, for approval by City of Maumee Council.
(Ord. 051-2022. Passed 12-5-22.)