Each person who occupies, uses, or seeks to occupy or use the Right of Way to operate a Utility System located in the Right of Way, or who has or seeks to have, any Utility System or element of a Utility System located in a public Right of Way in the City, shall apply for and obtain a Certificate of Registration pursuant to this chapter. (Any person who seeks to construct or install a Utility System in the Right of Way must obtain a Revocable Street Privilege Permit pursuant to Section 1028.30.) Any Person owning, operating or maintaining a Utility System without a Certificate of Registration, including Persons operating under a permit, license or franchise issued by the City prior to the effective date of this chapter, shall apply for and obtain a Certificate of Registration from the City within ninety (90) days of the effective date of this chapter. Thereafter, any Utility System or element of a Utility System located in a public Right of Way in the City, for which a valid Certificate of Registration for the Utility Service Provider is required and has not been obtained from the City, shall be deemed to be a nuisance and an unauthorized use of the public Right of Way. The City may exercise any remedies or rights it has, including, but not limited to, abating the nuisance; taking possession of the Utility System or any element of the Utility System; and/or prosecuting the violator.
(Ord. 08-22. Passed 7-3-08.)