(A) Repair.
(1) A wireless provider shall repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to its functional and aesthetic equivalence before the damage under the competitively neutral, reasonable requirements and specifications of the city.
(2) If the wireless provider fails to make the repairs required by the city within a reasonable time after written notice, the city may make those repairs and charge the applicable party the actual and reasonable documented cost, including overhead, of the repairs.
(B) Replace.
(1) A wireless provider is not required to replace or upgrade an existing pole except for reasons of structural necessity or compliance with applicable codes.
(2) A wireless provider may, with the permission of the pole owner, replace or modify existing poles, but any such replacement or modification shall substantially conform to the design aesthetics of the pole being modified or replaced.
(C) Abandon.
(1) A wireless provider shall notify the city at least 30 days before the wireless provider's abandonment of a small wireless facility.
(2) If the wireless provider fails to remove the abandoned small wireless facility within 90 days after the notice, the city may undertake the removal and recover the actual and reasonable documented cost, including overhead, of the removal from the wireless provider, or its successors or assigns.
(D) Removal.
(1) The city may order the removal of a small wireless facility or associated pole in the right-of-way that violates A.C. §§ 23-17-505, § 23-17-506, or applicable codes.
(2) The city shall provide written notice of the violation to the owner of the small wireless facility at least 30 days before removal to afford the owner the opportunity to conduct repairs or removal, or otherwise remedy the violation.
(E) Risk.
(1) If the city determines that a wireless provider's activity in a right-of-way under this subchapter creates an imminent risk to public safety, the city may provide written notice to the wireless provider and demand that the wireless provider address the risk.
(2) If the wireless provider fails to reasonably address the risk within 24 hours of the written notice, the city may take or cause to be taken action to reasonably address the risk and charge the wireless provider the reasonable documented cost of the actions.
(F) Collocation. A wireless provider shall not collocate a small wireless facility or install, modify, or replace a pole in the right-of-way that:
(1) Materially interferes with the safe operation of traffic control equipment;
(2) Materially interferes with sight lines or clear zones for transportation or pedestrians;
(3) Materially interferes with compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, or similar federal or state standards regarding pedestrian access or movement; or
(4) Fails to comply with applicable codes.
(Ord. 2019-08-856, passed 8-20-19)