(a) Any person who shall erect, construct, reconstruct, alter, repair, convert, attach, or maintain any small cell facility or wireless support structure in violation of any of the terms of this chapter, or who, being the owner or agent of the owner of any lot, tract, or parcel of land, shall suffer or permit another to erect, construct, reconstruct, alter, repair, convert, attach, or maintain any such facility, shall be deemed to have violated the provisions hereof and commits a third degree misdemeanor each day during the period such violation continues.
(b) If any small cell facility or wireless support structure is erected, constructed, reconstructed, altered, repaired, converted, attached, or maintained in violation of this chapter or of any regulations made pursuant hereto, the proper officer of the City, in addition to other remedies, may institute in the name of the City any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance , attachment, or use, to restrain, correct, or abate such violation, to prevent the use of such facility, and/or to prevent any illegal act, conduct, business, or use in or about such facility.
(c) The Service Department is authorized to make requests and to issue orders regarding small cell facilities in the public way for the purpose of public safety and compliance with this chapter. The Service Department and/or Building Department are also authorized to conduct visual and external inspections of small cell facilities and wireless support structures in the public way at any time, and shall make efforts to coordinate with the provider responsible for a small cell facility for any internal inspection of the relevant equipment.
(Ord. 2018-19. Passed 7-23-18.)