Notwithstanding the provisions of § 808.05, the following shall also apply to each provider with regard to any and all construction performed.
(a) All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, being 29 USC 651 et seq., as well as all state and local codes, where applicable, as adopted by the city.
(b) All installation of electronic equipment shall be of permanent nature, durable and installed in accordance with the provisions of the National Electrical Safety Code of the National Bureau of Standards and National Electrical Code of the National Electrical Code of the National Board of Fire Underwriters.
(c) Antennas and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state and city laws, codes and regulations.
(d) (1) All of the provider’s facilities:
A. Shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices; and
B. All such work must be performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements the city may deem appropriate to make, interfere in any manner with the rights of any property owner, or unnecessarily hinder or obstruct pedestrian or vehicular traffic.
(2) Nothing in this section shall be construed to limit the provider’s rights to access and make use of its own or general utility easements in accordance with the terms of such easements.
(e) The provider shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing facilities and accidents which are likely to cause damage, injury or nuisance to the public.
(f) Any and all streets, other public property or private property which are damaged or disturbed as a result of the construction, installation, repair, replacement, maintenance or operation of the provider’s facilities shall be promptly repaired and restored by the provider, at its expense, to a condition as good as that prevailing prior to said disturbance or damage.
(g) If any street or portion thereof is vacated or abandoned by the city during the term of provider’s agreement, or the provider discontinues the use of all or part of any street during the term of its agreement, the provider shall, at provider’s expense, promptly remove the affected portion of the system. After completing the removal, provider shall repair and reconstruct the street area where such removal has occurred and restore the street to a condition substantially similar to that existing before the removal took place. If provider has not completed the required removal and street restoration within 30 days of receiving notice from the city to do so, the city has the option to complete the removal and restoration. All removal and restoration costs and expenses incurred by the city shall be deducted from the provider’s performance bond. Any removal and restoration costs and expenses incurred in excess of the performance bond shall be the direct and uncontested liability of the provider. The provider must promptly pay all removal and restoration costs and expenses in excess of the performance bond upon receiving evidence of same from the city.
(Ord. 2007-106, passed 5-21-2007)