§ 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