As a condition of the issuance of a permit under this Article, the permittee shall perform the following duties:
(A) Small wireless facilities and associated communications facilities, utility poles and support structures shall be located, installed and maintained so that they do not materially endanger the lives, health or safety of persons, or materially interfere with any public improvements the City or other governmental entities (including any traffic control devices or signs, gas, electric, storm water, sanitary sewer or water utilities or enterprises) have in place or may deem proper to make. The location, installation or maintenance of the small wireless facility and associated communications facilities, utility pole and support structure shall not hinder or obstruct the usual travel or public safety on right-of-way, or obstruct the legal use of right-of-way by utilities or the safe operation of their systems or provision of service.
(B) All construction, excavation, maintenance and repair work done by the permittee shall be done in a safe, workmanlike and expeditious manner which minimizes inconvenience and danger to the City, the general public and individuals. All such construction, excavation, maintenance and repair work done by the permittee shall comply with all applicable codes and laws. The City shall have the right to inspect all construction or excavation work to ensure compliance with applicable codes, laws, and permits, and may order the permittee to perform corrective work. All right-of-way or other City property disturbed by permittees' activities shall be promptly restored by the permittee at its expense to its former condition, subject to inspection by the City. If the permittee fails to make required repairs, the City may give the permittee written notice of the required repairs. If after such notice the permittee fails to make the required repairs within fourteen (14) days, the City may make the repairs, and the permittee shall pay the City the reasonable documented cost of such repairs. The City shall grant the permittee a ten (10) day extension to perform repairs if requested by the permittee within the original fourteen (14) day period. In the event of immediate threat to life, safety, or to prevent serious injury, the City may immediately undertake to restore the site and then notify the permittee and charge the permittee for all reasonable restoration costs.
(C) The permittee shall install, construct, maintain and operate its small wireless facilities and associated communications facilities, utility poles, and support structures in a safe manner providing reasonable protection against injury or damage to any and all persons or property.
(D) Unless otherwise specified in the permit, the permittee shall erect a barrier around the perimeter of any excavation and provide appropriate traffic control devices, signs and lights to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic control plan in accordance with the Manual on Uniform Traffic Control Devices. The permittee shall maintain all barriers and other traffic control and safety devices related to an open excavation until the excavation is filled and finished to the satisfaction of the City, or as otherwise directed by the City.
(E) All construction and use of the small wireless facilities and associated communication facilities, utility poles, and support structures shall comply with the permit and the approved final plans and specifications. Upon completion of installation of the small wireless facilities and associated communication facilities, utility poles and support structures, the permittee shall notify the City's Building and Zoning Department within three (3) business days of the completion of said work so that the City may conduct an inspection as provided for above. The City will perform any such inspection within five (5) business days. Any construction that does not conform to the permit and the approved final plans and specifications shall be reconstructed or repaired to conform to the permit and the approved final plans and specification within five (5) business days. If the construction and use of the small wireless facilities and associated communication facilities, utility poles, and support structures continues to fail to conform to the permit and the approved final plans and specifications, the City may suspend the associated permit until such time as the work is in conformance.
(F) If the applicant will have work performed by someone other than its own employees, then the applicant shall be responsible for all work performed by its agents or contractors. (Ord. No. 1067, 6/1/21)