(a) Within thirty days following written notice from the City, any Permittee or other Person that owns, controls or maintains any unauthorized telecommunications or utility facility or Wireless Service Facility or related appurtenances within the Rights-of-Way of the City shall, at its own expense, remove such facilities or appurtenances from the Rights-of-Way of the City. A telecommunications or utility facility is unauthorized and, unless otherwise prohibited by law, subject to removal in the following circumstances:
(1) Upon expiration or termination of the Permittee's Permit.
(2) Upon abandonment of a facility within the Rights-of-Way of the City.
(3) If the system or facility was constructed or installed without the prior grant of a Permit.
(4) If the system or facility was constructed or installed without the prior issuance of a required construction permit.
(5) If the system or facility was constructed or installed at a location not permitted by the Permittee's Permit.
(b) The City retains the right and privilege to cut or move any wireless or telecommunications facilities located within the Rights-of-Way as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
(c) If a Permittee fails to move or relocate in accordance with this Chapter, the City may charge and invoice the Permittee for any and all costs, damages, or other liabilities incurred. Such charges include, but are not limited to, increased construction costs for delay, attorney's fees or similar costs incurred attempting to achieve the Permittee's compliance, and the City's actual costs incurred in completing relocation or removal. If a Permittee submits a subsequent application for a permit pursuant to this Chapter while such charges remain unpaid, the City may deny or withhold the subsequent Application until payment in full has been made.
(d) Unless directly and proximately caused by the willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any telecommunications or utility facility within the Rights-of-Way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the Rights-of-Way by or on behalf of the City.
(Ord. 97-61. Passed 6-17-97; Ord. 2018-16. Passed 6-19-18.)