§ 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