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(a) Notice of Work. Except in case of emergency, as provided in division (c) of this section, or for routine maintenance as provided in division (b) of this section, no service provider, or any person acting on the service provider's behalf, shall commence any work in the public right-of-way of the City without twenty-four hours advance notice to the City, obtaining consent to occupy or use the public right-of-way pursuant to Section 883.02, if required.
(b) Routine Maintenance and New Service Orders.
(1) A service provider need not obtain a construction permit or notify the City prior to or after commencing any routine maintenance or new service orders that do not include the construction in, or excavation or lane obstruction of, a public right-of- way or closing of a public street.
(2) For routine maintenance and new service orders that require the service provider to cause a lane obstruction in a public street for more than two hours, the service provider shall provide the City with forty-eight hours advance written notice prior to commencing the routine maintenance or new service order, and shall submit a drawing showing the planned traffic maintenance and indicating how the service provider will meet all requirements of ODOT's Manual of Traffic Control Devices or other applicable governmental regulations.
(c) Emergency Work. In the event of the need for any unexpected repair or emergency work, a service provider may commence such emergency response work as required under the circumstances, provided that for emergency work that requires excavation of a public right-of-way or lane obstruction or closing of a public street, the service provider shall notify the City as promptly as possible before commencing such emergency work, or as soon as possible thereafter if advance notice is not practicable. When notice is required, the service provider shall notify the Building Commissioner.
(Ord. 18-94. Passed 9-4-18.)
(a) Other City Ordinances. In the event that any provision of this chapter conflicts with any other provision of the City's Codified Ordinances or other ordinances or resolutions of the City, the more restrictive provision shall govern.
(b) Preemption by State and Federal Law. Except as may be preempted by applicable State or Federal law, rates, regulations, and orders, this chapter shall apply and be controlling over each service provider engaged in the business of transmitting, supplying or furnishing of services originating, passing through, or terminating in the City.
(c) Exemption for City-Owned or Operated Facilities. Nothing in this chapter shall be construed to apply the provisions of this chapter to facilities, facility, small cell facility, wireless support structure or private facility owned or operated by the City or any of its operations.
(d) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
(Ord. 18-94. Passed 9-4-18.)
(a) Penalties. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor of the fourth degree. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.
(b) Civil Violations and Forfeiture.
(1) In lieu of the criminal penalties set forth above, the Building Commissioner may make an initial finding of a civil violation by the service provider for violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter.
(2) The civil forfeiture shall be in an amount payable to the City of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.
(3) An action for civil forfeiture shall be commenced by providing the service provider with written notice describing in reasonable detail the service provider's alleged violation of one or more provisions of this chapter and the amount of the penalty that will be assessed against it.
(4) The service provider shall have fifteen days subsequent to receipt of the notice of violation in which to correct the violation before the City may assess penalties against the service provider. The time in which to cure the violation may be extended by the City if, in the City's sole discretion, it determines that additional time is required to correct the violation; provided that the service provider commences corrective action within seven days of the notice of violation and proceeds with reasonable diligence.
(5) The service provider may dispute the alleged violation by providing the City with written notice within five days of receipt of the notice of violation, setting forth in reasonable detail the reasons for its dispute. The City shall set a date for hearing of the alleged violation before the Board of Building Code Appeals no sooner than thirty days and not later than sixty days from receipt of the notice of dispute.
(6) The City shall issue a written decision on the service provider's alleged violation within thirty days after the hearing, which decision shall be final and subject to the administrative appeal procedures under Ohio law. If the City finds after hearing that the alleged violation(s) did occur, the penalty shall be assessed starting fifteen days from the notice of violation and shall continue until the violation has been corrected.
(c) Other Remedies. Nothing in this chapter shall be construed as limiting any administrative or judicial remedies that the City may have, at law or in equity, for enforcement of this chapter.
(Ord. 18-94. Passed 9-4-18.)