163.08 STANDARD CONDITIONS OF PERMIT APPROVAL.
(a) Standard Conditions of Approval. Permission to site small cell facilities and wireless support structures in the right-of-way shall be conditioned on compliance with the standard conditions of approval provided in this Chapter. The Departments of Public Works or Planning may add or modify conditions of approval as necessary or appropriate to protect and promote the public health, safety, and welfare.
(b) Right-of-way Permit-small Cell Duration. The City's approval term of an attachment to a wireless support structure shall be for an indefinite period, subject to terms providing for termination for cause or by mutual agreement. An operator may remove its small cell facilities at any time subject to applicable permit requirements.
(c) Compliance with All Applicable Laws.
(1) Permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinances, or other rules.
(2) If state or federal standards and regulations are amended, the owners, lessees and/or operators of the small cell facilities and/or wireless support structures governed by this Chapter shall bring any facilities and/or structures into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the regulating agency. Failure to bring small cell facilities and/or wireless support structures into compliance with any revised standards and regulations shall constitute grounds for removal at the expense of the owner, lessee, and/or operator.
(d) Inspections; Emergencies. The City or its designee may inspect small cell facilities and wireless support structures in the right-of-way upon reasonable notice to the permittee, if permitee maintains updated contact information with the City. The permittee shall cooperate with all inspections. The City reserves the right to support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
(e) Relocation, Adjustment, or Removal of Facilities.
(1) Relocation or adjustment as requested by City or other governmental agencies. If requested by the City or another governmental agency, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the right-of-way at no cost to the City, as long as such request similarly binds all users in or on such public way, except when State law treats occupants of the right-of-way differently. Such relocation or adjustment shall be completed in accordance with law.
(2) Improvements for the health, safety, and welfare of the public shall be defined as including, without limitation, the construction of a public improvement project by the City, or the vacation or substantial change in the structure and/or use of the right-of-way.
(3) Removal of small cell facilities if use discontinued or abandoned.
A. In the event that the use of a small cell facility and/or wireless support structure is discontinued, the owner, lessee or operator of the small cell facility and/or wireless support structure shall submit a request for consent to remove the wireless support structure or small cell facility, as provided in this Chapter, which shall serve as the notice required to the City of its intent to discontinue use and the date when the use shall be discontinued. If the small cell wireless facility and/or wireless support structure is not removed within 365 days of discontinued use, or earlier if the facility becomes a public nuisance, the small cell facility shall be considered abandoned and the City may remove it at the expense of the owner, lessee, and/or operator.
B. Small cell facilities and wireless support structures determined by the City to be abandoned without notice from the owner, lessee or operator may be removed by the City at the expense of the owner, lessee, and/or operator to ensure the public health, safety, and welfare.
(f) Contact and Identifying Information for Responsible Parties. Permittee shall at all times maintain accurate contact information for all parties responsible for a facility, which shall include a phone number, street mailing address, and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Department of Public Works. In addition, all facilities shall be marked with identifying information to enable the City to identify the operator and responsible party.
(g) Indemnification. Any operator who owns or operates small cell facilities or wireless support structures in the right-of-way shall indemnify, protect, defend, and hold the City and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and wireless service in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the right-of-way.
(h) Interference with Public Safety Radio Services. In the event that the City has reason to believe that permittee's radio communications operations are causing interference with the City's radio communications operations, then the permittee shall, at its cost, immediately cooperate with the City to either rule out permittee as the interference source or eliminate the interference. Cooperation with the City may include, but shall not be limited to, temporarily switching the small cell facilities on and off for testing.
(i) Adverse Physical Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse physical impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the small cell facility and/or wireless support structure.
(j) Good Condition Required.
(1) Small cell facilities and support structures shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the health, safety or welfare of any person or property.
(2) Graffiti Abatement. Permittee shall promptly remove any graffiti on the small cell facility at permittee's sole expense. Failure to remove graffiti within a reasonable time after being provided written notice by the City shall be considered a public nuisance and a violation of this Chapter.
(3) If any small cell facility and/or support structure becomes a public nuisance by virtue of its abandonment, neglect or lack of maintenance, such that it either poses a risk to the public health and/or safety, or represents a blighting influence on the surrounding area, the City may declare such facility or structure a public nuisance under the authority of and procedures in Chapter 107 of the Codified Ordinances and may, if necessary in the determination of the City, take action to abate such nuisance after notice, an opportunity for the operator or its agent to abate the nuisance and a right to appeal.
(k) RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards.
(Ord. 18-56. Enacted 7-23-18.)