(a) Administration. The City Engineer shall be the principal City official responsible for the administration of this Chapter except as otherwise provided herein.
(b) Rights-of-Way Occupancy. Each person 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 rights-of-way, shall apply for and obtain a Certificate of Registration pursuant to this Chapter. Any person owning, operating or maintaining a system without a Certificate of Registration, including persons operating under a permit, license or franchise issued by the City prior to the effective date of this Chapter, shall apply for and obtain a Certificate of Registration from the City within ninety (90) days of February 7, 2017, unless exempted by subsection (d) of this Section. Applications will consist of providing the application information set forth in Section 931.06
and as reasonably required by the City Engineer.
(c) No Construction Without Certificate of Registration. Following the effective date of this Chapter, 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.
(d) Exceptions. The following entities are not obligated to obtain a Certificate of Registration: the City; the County; cable television operators for the limited purpose of providing only cable television service and operating pursuant to a valid cable television franchise; resellers of services that do not own any system or facilities in the rights-of-way.
(e) Systems in Place Without a Certificate of Registration. Beginning one year after the effective date of this Chapter, 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 non-complying portion of such system; and/or prosecuting the violator.
(f) Future Uses. In allowing facilities to be placed in the rights-of-way, the City is not liable for any damages caused thereby to any provider's facilities that are already in place. No provider is entitled to rely on the provisions of this Chapter as creating a special duty to any provider.
(Ord. 17-O-17. Passed 2-7-17.)