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(a) Whenever any facility(ies) is abandoned in the public right-of-way, the person owning, using, controlling or having an interest therein, shall, within 30 calendar days after such abandonment, file in the office of the Director a statement in writing, giving in detail the location of the facility(ies) so abandoned. Each map, set of maps, or plans filed pursuant to the provisions of this Article, including those maps or plans required by Section 2.4.11 shall show in detail the location of each such facility(ies) abandoned subsequent to the filing of the last preceding map, set of maps, or plans.
(b) It shall be unlawful for any person to fail, refuse, or neglect to file any map or set of maps at the time, and in all respects as required by this Section.
(Added by Ord. 341-98, App. 11/13/98)
Each visible facility installed in the public right-of-way shall be clearly identified with the name of the owner of the facility. The Department shall adopt orders or regulations to specify other appropriate methods for identification.
(Added by Ord. 341-98, App. 11/13/98)
In undertaking enforcement of this Article, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximity caused injury.
(Added by Ord. 341-98, App. 11/13/98)
Any action or proceeding to attack, review, set aside, void or annul this Article or any provision thereof shall be commenced within 120 calendar days from the effective date of the ordinance approving this Article; otherwise, the provisions of this Article shall be held to be valid and in every respect legal and incontestable.
(Added by Ord. 341-98, App. 11/13/98)
If any part of this Article, or the application thereof to any person or circumstance, is held invalid, the remainder of this Article, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Article are severable.
(Added by Ord. 341-98, App. 11/13/98)
(a) Need for City Communications Infrastructure. The Department of Technology shall consider adding City communications infrastructure to any permit issued for an excavation project under this Article 2.4 to create more efficient delivery of communications services to the public and for the City's needs.
(b) Response to Notice. Upon receipt of a notice issued pursuant to Section 2.4.14 that a utility or municipal excavator intends to apply for an excavation permit to install underground conduit, the Department of Technology shall review the application to determine whether it is both financially feasible and consistent with the City's long-term goals to add City communications infrastructure to the proposed excavation project.
(1) If the determination is affirmative, the presumption will be that the Department of Technology will participate in the excavation project by requiring the excavator to install City communications infrastructure.
(2) If the determination is negative, the Department of Technology shall notify the applicant and the Department within 7 days of issuance of the notice that the Department of Technology does not intend to participate in the excavation project.
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