(A) Compliance with applicable law. Notwithstanding the approval of an application for new SWFs or collocation as described herein, a permittee's rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. All work done pursuant to SWF applications must be completed in accordance with all applicable building, structural, electrical, and safety requirements as set forth in City Code and any other applicable laws or regulations. In addition, all SWF applications shall comply with the following:
(1) Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the SWF;
(2) Be maintained in good working condition and to the standards established at the time of application approval; and
(3) Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the city or after discovery by the owner or operator of the site. Damage includes any kind of damage to a pole, including knock downs and similar damage that requires removal and replacement. Notwithstanding the foregoing, any graffiti on SWFs located in the rights-of-way or on other city-owned property may be removed by the city at its discretion, and the owner and/or operator of the SWF shall pay all costs of such removal within 30 days after receipt of an invoice from the city.
(B) Completion certificate. Upon request by the city, the applicant shall provide a completion certificate within 45 days after installation of a SWF in the public right-of-way, demonstrating that as installed and in operation, the SWF complies with all conditions of approval, applicable code requirements and regulations, in accordance with Minn. Rules § 7819.1300.
(Ord. 115, 4th series, passed 5-20-2019)