933.09     RECOVERY OF VILLAGE COSTS IN MANAGING THE PUBLIC RIGHT-OF-WAY.
   (a)   Purpose. It is the purpose of this Section 933.09 to provide for the recovery of all direct and indirect costs and expenses actually incurred by the Village and associated with a Public or Private Service Provider's Occupancy or Use of the Public Right-of-Way and related to the enforcement and administration of this Chapter. All fees related to the Occupancy or Use of the Public Right-of-Way shall be considered to be Public Way Fees as that term is defined in this Chapter and shall be assessed by the Village in a manner which is in accordance with Chapter 4939 of the Ohio Revised Code and any other applicable law.
   (b)   Waiver or Offset of Public Way Fees. Public Way Fees assessed against a governmental entity shall be waived. Public Way Fees assessed against Video Service Providers shall be offset or credited in accordance with Section 904.09(e).
   (c)   Assessment of Public Way Fees. The Mayor shall have the authority to assess Public Way Fees for Occupancy or Use of the Public Right-of-Way consistent with the provisions of this Chapter without further action of Village Council.
   (d)   Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this Chapter are separate from, and additional to, any and all federal, State, local and Village taxes as may be levied, imposed or due from a Service Provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of Services.
(Ord. 65-2017. Passed 11-6-19.)