(a) Public Right-of-Way Route. Approval granted to a Service Provider to occupy or use the Public Right-of-Way under Section 1032.02 shall be limited to a grant to occupy or use the specific Public Right-of-Way as defined within the Service Provider's application, including the specific Facilities and location along the Public Right-of-Way.
(b) Nonexclusive Approval to Occupy the Public Right-of-Way. No approval granted under Section 1032.02 shall confer any exclusive right, privilege, license or franchise to occupy or use the Public Right-of-Way of the City to operate a System for delivery of Services or any other purposes.
(c) Rights Permitted. No approval granted under Section 1032.02 shall convey any right, title or interest in the Public Right-of-Way, but shall be deemed an approval only to occupy or use the Public Right-of-Way for the limited purposes granted by the approval.
(d) Nondiscrimination. In accordance with federal and/or state regulation, a Public Service Provider providing Service to the public in the City shall make its Services available to any customer within the designated service area who shall request such Service, without discrimination as to the terms, conditions, rates or charges for the Public Service Provider's Services.
(e) Maintenance of Facilities. Each Service Provider shall maintain its System or Facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(f) Safety Procedures. A Service Provider or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as necessary and in accordance with applicable state and local requirements for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such Public Right-of-Way or property.
(g) Interference with the Public Rights-of-Way. No Service Provider may locate or maintain its Facilities so as to unreasonably interfere with the use of the Public Right-of-Way by the City, by the general public or by other persons authorized to use or be present in or upon the Public Right-of-Way. All such Facilities-shall be moved by the Service Provider, temporarily or permanently, as determined by the City.
(h) Damage to Public and Private Property. No Service Provider nor any person acting on the Service Provider's behalf shall take any action or permit any action to be done which may impair or damage any City Property, Public Right-of-Way, Other Ways or other public or private property located in, on or adjacent thereto.
(i) Restoration of Public Right-of-Way, Other Ways and City Property.
(1) When a Service Provider, or any person acting on its behalf, does any work in or affecting any Public Right-of-Way, other ways or City property, it shall, after the work is completed and at its own expense, promptly remove any obstructions there from and restore such ways or property, within ten (10) days, or upon a reasonable time thereafter as agreed upon with the City, to as good a condition as existed before the work was undertaken.
(2) If weather or other conditions do not permit the complete restoration required by this section, the Service Provider shall temporarily restore the affected ways or property, as directed by the City. Such temporary restoration shall be at the Service Provider's sole expense and the Service Provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(j) Duty to Provide Information.
(1) Within ten (10) days of a written request from the City each Service Provider shall furnish the City with documentation sufficient to show that the Service Provider has complied with all requirements of this Chapter.
(2) In addition, within ten (10) days of a written request from the City, each Service Provider shall make available for inspection by the City at reasonable times all books, records, maps and other documents, maintained by the Service Provider with respect to its Facilities in the Public Right-of- Way.
(k) Assignments or Transfers of Approval. Approval to occupy or use the Public Right-of-Way may be, directly or indirectly, transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Service Provider, by operation of law or otherwise, without approval of the City, so long as:
(1) The City is notified of the proposed transfer on or before the date of transfer; and
(2) The transferee shall fully comply with this Chapter within sixty (60) days of the transfer, including, but not limited to:
A. All information required by the application for approval to occupy or use the Public Right-of-Way pursuant to Section 1032.02 of this Chapter; and
B. Any other information reasonably required by the City.
(3) This section shall not apply to public utilities operating under a tariff issued by the State of Ohio and regulated by the PUCO where such activities are regulated by the State of Ohio or federal agencies and such public utility shall only be required to notify the City when such transfer has been approved by a regulatory body.
(l) Revocation of Approval. Approval granted by the City to Occupy or Use the Public Right-of-Way of the City may be revoked for any one of the following reasons not inconsistent with the franchise ordinance, agreement or PUCO tariff under which the Service Provider operates:
(1) Construction, installation, location, operation or Excavation at an unauthorized location.
(2) Construction, installation, location, operation or Excavation in violation of Construction requirements or safety standards.
(3) Failure to restore the Public Right-of-Way, as required by this Chapter.
(4) Failure to pay fees, costs, taxes or compensation when and as due the City.
(m) Notice and Duty to Cure. In the event that the City believes that grounds exist for revocation of approval to occupy or use the Public Right-of-Way or construction permit, he shall give the Service Provider written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the Service Provider a reasonable period of time not exceeding thirty (30) days to furnish evidence:
(1) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance;
(2) That rebuts the alleged violation or noncompliance; and/or
(3) That it would be in the public interest to impose some penalty or sanction less than revocation.
(ORd. 49-2018. Passed 7-24-18.)