(a) Video service providers shall comply with the requirements of Ohio Revised Code Sections 1332.21 to 1332.34 and all applicable ordinances and regulations consistent with said Ohio Revised Code sections relating to use of the City of Sandusky rights-of-way. Each video service provider shall indemnify and hold harmless the City of Sandusky and its officers, employees and agents from any loss or damage, including, but not limited to attorneys’ fees, caused by the installation or construction of video service facilities within the City of Sandusky rights-of-way. The City may require documentation of such indemnification by written agreement or other instrument. No facilities to be used for video services shall be installed or constructed without obtaining a permit from the City authorizing the location and plans for such facilities. If the video service provider shall fail to obtain such permit, the video service provider will be subject to the following penalties to be imposed by the City:
(1) For the first occurrence of a violation, a fine of $500.00 shall be imposed for each day the violation remains in effect, not to exceed $5,000.00 for each violation.
(2) For a second violation of the same nature within 12 months, a fine of $1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $10,000.00 for each violation.
(3) For a third or further violation of the same nature within 12 months, a fine of $2,500.00 shall be imposed for each day the violation remains in effect, not to exceed $25,000.00 for each violation.
(b) A video service provider operating within the boundaries of the City of Sandusky may appeal a penalty assessed by the City Manager to the City Commission within 30 days of the initial assessment. The City Commission shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The City Commission's decision on the imposition of a penalty shall be final.
(c) The penalties imposed under this section shall be deposited into the General Fund of the City of Sandusky in order to provide services and benefits to the citizens of the City of Sandusky.
(d) The City shall have the authority to prohibit the use or occupation of a specific portion of public right-of-way by a video service provider due to a reasonable public interest, necessitated by public health, safety and welfare, based upon a recommendation of the City Engineer, and is nondiscriminatory among all authorized video service providers.
(e) If the City denies a request to use or occupy a specific portion of the public right-of- way, the video service provider shall be served a notice of such denial by first class mail. The notice shall indicate that the service provider shall have ten days from the date of receipt of the notice to request a public hearing by the City Commission concerning the denial. Failure to make a timely request for a hearing shall constitute a waiver of the video service provider's right to contest the denial before the City Commission. The hearing shall be held by the City Commission within 30 days after the filing of the request therefore, or the next date upon which the City Commission meets in its regular session, whichever date is later; and the video service provider shall be advised by the city of the time and place of the hearing. Following the public hearing, if the City Commission denies a video service provider's request to use or occupy a specific portion of the public right-of-way, such determination may be appealed to the Court of Common Pleas for Erie County, Ohio.
(Ord. 07-059. Passed 9-10-07.)