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(A) Prior to issuing a permit where the work under the permit will require restoration of public rights-of-way, the city may require a construction bond to secure the restoration of the public rights-of-way.
(B) In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work, plus a reasonable allowance for attorneys’ fees, up to the full amount of the bond.
(C) No less than 12 months after completion of the construction and satisfaction of all obligations in accordance with the bond, the registrant may request the City Engineer or his or her designee, to remove the requirement to continue the construction bond. Notwithstanding, the city may require a new bond for any subsequent work performed in the public rights-of-way.
(D) The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the City Attorney; and shall provide that:
“This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the city, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew.”
(E) The rights reserved by the city with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the city may have under this section, or at law or equity, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the city may have.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
(A) A registrant’s failure to comply with provisions of this chapter shall constitute a violation of this chapter and shall subject the registrant to the code enforcement provisions and procedures as provided in F.S. Chapter 162, F.S. § 166.0415 and §§ 32.035 et seq. of this code of ordinances, as they may be amended. In addition, violation of this chapter may be punishable by a fine not to exceed $250 for an initial violation and not more than $500 for any repeat violations.
(B) In addition to any other remedies available at law, including but not limited to F.S. § 166.0415, and F.S. Chapter 162, or equity or as provided in this chapter, the city may apply any one or combination of the following remedies in the event a registrant violates this chapter, or applicable local law or order related to the public rights-of-way:
(1) Failure to comply with the provisions of this chapter or other law applicable to occupants of the public rights-of-way, may result in imposition of penalties to be paid by the registrant to the city so long as the violation continues.
(2) In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.
(C) Before imposing a fine pursuant to division (B)(1) of this section, the city shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have 30 days to either:
(1) Cure the violation to the city's satisfaction and the city shall make good faith reasonable efforts to assist in resolving the violation; or
(2) File an appeal with the city to contest the alleged violation; § 121.21 of this chapter shall govern such appeal. If no appeal is filed and if the violation is not cured within the 30 day period, the city may collect all fines owed, beginning with the first day of the violation, through any means allowed by law.
(D) In determining which remedy or remedies are appropriate, the city shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the city determines are appropriate to the public interest.
(E) Failure of the city to enforce any requirements of this chapter shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.
(F) In any proceeding before the city where there exists an issue with respect to a registrant's performance of its obligations pursuant to this chapter, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this chapter. The city may find a registrant that does not demonstrate compliance with the terms and conditions of this chapter in default and apply any one or combination of the remedies otherwise authorized by this chapter.
(G) The City Manager or designee shall be responsible for administration and enforcement of this chapter, and is authorized to give any notice required by law.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
(A) Upon abandonment of a communications facility or personal wireless service facility owned by a registrant in public rights-of-way, the registrant shall notify the city within 90 days.
(B) The city may direct the registrant to remove all or any portion of such abandoned facility at the registrant’s sole expense if the city determines that the abandoned facility's presence interferes with the public health, safety or welfare, which shall include, but is not limited to:
(1) Compromises safety at any time for any public rights-of-way user or during construction or maintenance in public rights-of-way;
(2) Prevents another person from locating facilities in the area of public rights-of-way where the abandoned facility is located when other alternative locations are not reasonably available; or
(3) Creates a maintenance condition that is disruptive to the public rights-of-ways use. In the event of division (2), the city may require the third person to coordinate with the registrant that owns the existing facility for joint removal and placement, where agreed to by the registrant.
(C) In the event that the city does not direct the removal of the abandoned facility, the registrant, by its notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the city, another utility or person at such third party’s cost.
(D) If the registrant fails to remove all or any portion of an abandoned facility as directed by the city within a reasonable time period as may be required by the city under the circumstances, the city may perform such removal and charge the cost of the removal against the registrant.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13)
In the event a registrant’s performance of or compliance with any of the provisions of this chapter is prevented by a cause or event not within the registrant’s control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that such registrant uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter, causes or events not within a registrant’s control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within registrant’s control, and thus not falling within this section, shall include, without limitation, registrant’s financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant’s directors, officers, employees, contractors or agents.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13)
(A) Each registrant shall, upon 30 calendar days written notice, if reasonably possible, but in no event less than 5 business days written notice, provide the city access to all books and records related to the construction, maintenance, or repair of the facility to the extent the city review of the books and records is necessary to manage its rights-of-way.
(B) Any and all non-proprietary or non-confidential books and records may be copied by the city. To the maximum extent permitted by F.S. § 202.195, as amended, such books and records shall be kept confidential and exempt from the provisions of F.S. § 119.07(1). A registrant is responsible for obtaining or maintaining the necessary possession or control of all books and records related to the construction, maintenance or repair of the facility, so that it can produce the documents upon request. Books and records must be maintained for a period of five years, except that any record that is a public record must be maintained for the period required by state law.
(C) For purposes of this section, the terms "books and records" shall be read expansively to include information in whatever format stored. Books and records requested shall be produced to the city at City Hall, except by agreement.
(D) If any books and records are too voluminous, or for security reasons cannot be copied and moved, then a registrant may request that the inspection take place at some other location mutually agreed to by the city and the registrant, provided that the registrant must make necessary arrangements for copying documents selected by the city after its review; and the registrant must pay all travel and additional copying expenses incurred by the city in inspecting those documents or having those documents inspected by its designee.
(E) Without limiting the foregoing, a registrant shall provide the city the following within 10 calendar days of their receipt or (in the case of documents created by the registrant or its affiliate) filing:
(1) Notices of deficiency or forfeiture related to the operation of the facility; and
(2) Copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the operator or by any partnership or corporation that owns or controls the operator directly or indirectly.
(F) In addition, the city may, at its option, and upon reasonable notice to the registrant, inspect the facilities in the public rights-of-way to ensure the safety of its residents.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13)
(A) The city reserves the right to amend this chapter as it shall find necessary in the lawful exercise of its police powers.
(B) This chapter shall be applicable to all communications facilities placed in the public rights-of-way on or after the effective date of this chapter and shall apply to all existing communications facilities in the public rights-of-way prior to the effective date of this chapter, to the full extent permitted by state and federal law.
(C) The adoption of this chapter is not intended to waive any rights or defenses the city may have under existing franchise, local business tax receipt or other agreements with a communications services provider.
(D) Nothing in this chapter shall affect the remedies the city has available under applicable law.
(Ord. 1380, passed 9-5-01; Am. Ord. 1576, passed 4-18-07; Am. Ord. 1760, passed 10-2-13)
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