(A) The applicant shall maintain the small wireless facility and the associated support structure on an ongoing basis to keep in a well-maintained and kempt appearance. By way of example, the applicant shall be responsible for the removal of any graffiti, debris, and any other repairs to the small wireless facility within 24 hours after having received written notice from the city. Should the applicant fail to meet this requirement, the city shall have the right, to enter the property on which the small wireless facility is located to inspect, and, as necessary, remove debris and graffiti, and otherwise repair the support structure and/or small wireless facility to remedy any such issue. The applicant shall agree in writing to such a maintenance requirement, and the city's rights herein, and shall also specifically consent to the city's right to reimbursement for any costs associated with such a maintenance action, and to the city's ability to place a lien on the property or facility, or place a lien on the tax roll of the property for the repayment of such costs, plus interest, without any further notice hereof.
(B) Where the small wireless facility will be installed on property not owned by applicant, and the applicant will operate its facility as a lessee (or other similar entity), the property owner shall also agree to perform maintenance as required by § 14.01.090(a), above to the extent the applicant fails to do so. Should the property owner and applicant fail to meet this maintenance obligation, the city shall have the right to enter the property on which the small wireless facility is located to inspect, and, as necessary, remove debris and graffiti, and otherwise repair the support structure and/or small wireless facility to remedy any such issue. The property owner shall agree in writing to such a maintenance requirement, and the city's rights herein, and shall also specifically consent to the city's right to reimbursement for any costs associated with such a maintenance action, and to the city's ability to place a lien on the property or facility, or place a lien on the tax roll of the property for the repayment of such costs, plus interest, without any further notice hereof.
(C) Applicant shall agree to indemnify, defend and hold harmless the city, its designees, employees, and assigns, from any and all liability resulting from the city's approval of the small wireless facility, the operation of the small wireless facility, and/or the city's enforcement of this chapter as it relates to any small wireless facility owned and/or operated by the applicant.
(Ord. 19-271, passed 6-5-2019)