§ 131.03 AUTHORITY TO USE RIGHTS-OF-WAY.
   131.03(A)    requirement. Each who occupies, uses, or seeks to occupy or use, the or has any facilities located in the , or seeks to have facilities located in any , shall be required to obtain a from the unless otherwise required by . This requirement shall apply to the of such facilities and not a contractor or agent of the .
   131.03(B)   Permit requirement. No may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof located in any without first being granted a permit by the . Nothing herein shall be construed to require additional information by an agent or contractor of a permittee where the permittee has already complied with this Section. Nothing herein shall be construed to repeal or amend any provision of any , this Code, or policy permitting to plant or maintain or in the area of between their property and the curb. planting or maintaining or shall not be deemed to use or occupy the , and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such or under this Chapter so long as they are in full compliance with any other applicable provision of .
   131.03(C)   Coordination with . Each shall coordinate with the , to the extent feasible and practical, its of facilities, in order to reduce the frequency of , and obstructions in the .
   131.03(D)   Diagrams. Each shall, to the extent feasible, provide to the accurate record diagrams indicating the horizontal and approximate vertical location, relative to the boundaries of the , of all facilities which it owns or over which it has control and which are located in any . This information shall be provided with the specificity and in the CAD format required by the or, if different, the CAD format used by the , provided that the can import such diagrams into its format for inclusion in the mapping system used by the . Record drawings shall be certified by a professional or land surveyor registered by the of Florida, except for such engineers or surveyors who may be exempt from registration by Florida Statutes. For facilities installed prior to October 16, 2000, the shall accept record diagrams in a non-CAD format, and the shall not be required to prepare new diagrams of existing facilities.
   131.03(E)   Non-permitted facilities. If any non-permitted facilities are found in the and no claims ownership within 45 calendar days after written notification by the of the location of such facilities, such facilities shall be deemed and the may exercise any remedies or rights it has at or in equity, including but not limited to taking possession of such facilities.
   131.03(F)   Discontinuance and . A permittee who has determined to discontinue all operations in the must notify the of the assumption by another of ownership of such facilities, obtain permission from the to such facilities in place or provide the with an acceptable plan for disposition of such facilities. If a permittee fails to comply with this subsection, such facilities shall be deemed and the may exercise any remedies or rights it has at or in equity, including but not limited to taking possession of the facilities.
(Ord. 2010-23, passed 10-4-2010)