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§ 112.030  REVOCATION OR TERMINATION; NOTICE.
   (A)   A franchise to use or occupy public way of the city may be revoked for any of the following reasons:
      (1)   Construction or operation in the city or in the public way of the city without a construction permit;
      (2)   Construction or operation at an unauthorized location;
      (3)   Failure to comply with this section herein with respect to sale, transfer, or assignment of a telecommunications system or franchise;
      (4)   Misrepresentation by, or on behalf of, a grantee in any application to the city;
      (5)   Abandonment of aerial telecommunications facilities in the public way;
      (6)   Failure to relocate or remove facilities as required in this chapter;
      (7)   Failure to pay taxes, compensation, fees, or costs when and, as due to, the city under this chapter;
      (8)   Insolvency or bankruptcy of the grantee;
      (9)   Violation of a material provision of this chapter; or
      (10)   Violation of a material term of a franchise agreement.
   (B)   In the event that the city believes that grounds exist for revocation of a franchise, the city shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time, not exceeding 30 days, to furnish evidence that:
      (1)   Corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance;
      (2)   The allegation of a violation or noncompliance is incorrect; and
      (3)   It would be in the public interest to impose some penalty or sanction less than revocation.
(Ord. 2021-01, passed 3-10-2021)  Penalty, see § 10.99
§ 112.031  HEARING.
   In the event that a grantee fails to provide evidence reasonably satisfactory to the city as provided in § 112.030, the City Recorder shall refer the apparent violation or noncompliance to the City Council. The City Council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. The hearing may be before the City Council, or at its discretion, the City Council may appoint a hearings official to receive evidence and arguments and to prepare a report to the City Council.
(Ord. 2021-01, passed 3-10-2021)
§ 112.032  STANDARDS FOR REVOCATION OR LESSER SANCTIONS.
   If persuaded that the grantee has violated or failed to comply with material provisions of this chapter or a franchise agreement, the City Council shall determine whether to revoke the franchise, or to establish some lesser sanction and cure, considering the nature, circumstance, extent, and gravity of the violation as reflected by one or more of the following factors:
   (A)   The misconduct was egregious;
   (B)   Substantial harm resulted;
   (C)   The violation was intentional;
   (D)   There is a history of prior violations of the same or other requirements;
   (E)   There is a history of overall compliance;
   (F)   The violation was voluntarily disclosed, admitted, or cured; and/or
   (G)   Any other factor or circumstance that, in the City Council’s judgment, is relevant to the severity of the violations.
(Ord. 2021-01, passed 3-10-2021)  Penalty, see § 10.99
CONSTRUCTION REGULATIONS
§ 112.045  GENERAL CONSTRUCTION REQUIREMENTS; CODE.
   (A)   No person shall commence or continue with the construction, installation, or operation of telecommunication facilities in a public way, except as provided in division (B) below, or as provided in §§ 112.046 through 112.051, and in compliance with the applicable rules of the city.
   (B)   Telecommunications facilities shall be constructed, installed, operated, and maintained in accordance with all applicable federal, state, and local codes, rules, and regulations, including the National Electrical Code and the National Electrical Safety Code.
(Ord. 2021-01, passed 3-10-2021)  Penalty, see § 10.99
§ 112.046  CONSTRUCTION PERMITS; VERIFICATION.
   (A)   No person shall construct or install any telecommunications facilities in a public way without first notifying the city and obtaining any required permits.
   (B)   No permit shall be issued for the construction or installation of telecommunications facilities in a public way, unless:
      (1)   The telecommunications provider has first filed a registration statement with the city pursuant to §§ 112.020 and 112.021; and
      (2)   The telecommunications provider has first applied for and received a franchise pursuant to §§ 112.023 through 112.028 (if applicable).
   (C)   All construction permit applications shall be accompanied by the verification of a registered professional engineer, or other qualified and duly authorized representative of the applicant, that the drawings, plans, and specifications submitted with the application comply with applicable technical codes, rules, and regulations.
(Ord. 2021-01, passed 3-10-2021)  Penalty, see § 10.99
§ 112.047  SCHEDULES AND COORDINATION.
   (A)   Construction schedule. All construction permit applications shall be accompanied by a written construction schedule, which shall include a deadline for completion of construction. The construction schedule is subject to approval by the City Recorder. The permittee shall promptly complete all construction activities so as to minimize disruption of the public way and other public and private property. All construction work within the public way, including restoration, must be completed within 90 days of the date of issuance of the construction permit unless an extension or an alternate schedule has been approved by the City Recorder.
   (B)   Coordination of construction activities. All grantees are required to make a good faith effort to cooperate with the city, including, but not limited to, the following:
      (1)   If requested by the city, each grantee shall meet with the city annually, or as determined by the city, to schedule and coordinate construction in the public way. At that time, the city will provide available information on plans for local, state, and/or federal construction projects; and
      (2)   All construction locations, activities, and schedules shall be coordinated as ordered by the City Recorder or designee, to minimize public inconvenience, disruption, or damage.
(Ord. 2021-01, passed 3-10-2021)
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