(a) Compliance Required. Any Personal Wireless Service Facility installed in the Public Rights-of-Way pursuant to a Personal Wireless Service Facility Site Permit issued under this Article 25 must comply with the terms and conditions of the Permit and this Article 25.
(b) Notice of Deficiency.
(1) Non-Compliance with Permit. If the Department determines, either after an inspection required under Section 1516(b) above or at any other time, that a Personal Wireless Service Facility is not in compliance with the Personal Wireless Service Facility Site Permit or this Article 25, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance.
(2) Radio Frequency Emissions. If the Department determines, either after an inspection required under 1515(b) above or at any other time, that potential human exposure to radio frequency emissions from a permitted Personal Wireless Service Facility exceeds FCC guidelines, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance with FCC guidelines.
(3) Noise. If the Department determines, either after an inspection required under 1516(b) above or at any other time, that noise from a permitted Personal Wireless Service Facility at any time of the day or night exceeds forty-five (45) dBA as measured at a distance three (3) feet from any residential building facade, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance with the noise limit.
(c) Department Remedies.
(1) Required Action. If a Permittee fails to take corrective action with respect to a Personal Wireless Service Facility within a reasonable time after receiving a notice of deficiency the Department shall:
(A) Take all reasonable, necessary, and appropriate action to remedy a Permittee's non-compliance; or
(B) Require a Permittee to remove the non-compliant Personal Wireless Service Facility from the Public Rights-of-Way; and
(C) Charge to a Permittee the reasonable costs that the City has actually incurred including, but not limited to, administrative costs.
(2) Discretionary Action. In addition to the foregoing, if a Permittee fails to take corrective action with respect to a Personal Wireless Service Facility within a reasonable time after receiving a notice of deficiency the Department may deny any pending Application for a Personal Wireless Service Facility Site Permit.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)