(A) Federal requirements. All SWFs shall meet the current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate SWFs. If such standards and regulations are changed, then the owners of the SWF governed by this chapter shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the SWF at the owner's expense.
(B) Legal access. In all applications for SWFs, an applicant must submit a written acknowledgment from the owner of the property which is the subject of the application that it has legal authorization to submit the application for the SWF. An applicant must additionally warrant and represent that it will have legal access to the utilities to operate and maintain the SWF.
(C) Operation and maintenance. To ensure the structural integrity of SWFs, the owner of a SWF shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes. If upon inspection, the city concludes that a SWF fails to comply with such codes and constitutes a danger to persons, property or the environment, then, upon written notice being provided to the owner of the SWF, the owner shall have 30 days from the date of notice to bring such SWF into compliance. Upon good cause shown by the owner, the city's Chief Building Official may extend such compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring such SWF into compliance within said time period, the city may remove such SWF at the owner's expense. If the SWF poses an immediate danger to persons, property, or the environment the city may cause for the SWF to be immediately deactivated or removed. The city will provide notice of such immediate deactivation or removal to the applicant as soon as practicable.
(D) Hazardous materials. No hazardous materials shall be permitted in association with SWFs, except those necessary for the operations of the SWF and only in accordance with all applicable laws governing such materials.
(E) Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. A permittee shall not alter vehicular circulation or parking within the ROW or impede vehicular, bicycle, or pedestrian access or visibility along the ROW.
(F) Abandonment and removal. If a SWF has not been in use for a period of 3 months, the owner of the SWF shall notify the city of the non-use and shall indicate whether re-use is expected within the ensuing 3 months. Any SWF that is not operated for a continuous period of 6 months shall be considered abandoned. The city, in its sole discretion, may require an abandoned SWF to be removed. The owner of such SWF shall remove the same within 30 days of receipt of written notice from the city. If such SWF is not removed within said 30 days, the city may remove it at the owner's expense and any approved permits for the SWF shall be deemed to have expired.
(Ord. 115, 4th series, passed 5-20-2019)