902.02 RIGHTS OF WAY ADMINISTRATION.
(a) Administration. The Director of Public Service shall be the principal City offficial responsible for the administration of this Chapter except as otherwise provided herein. The Director of Public Service may delegate any or all of the duties hereunder to a designee of his or her choice.
(b) Rights of Way Occupancy. Each Person who occupies, uses, or seeks to occupy or use the Rights of Way to operate a System located in the Rights of Way, or who has or seeks to have, a System located in any Rights of Way, unless specifically exempted by Law, shall apply for and obtain a Certificate of Registration pursuant to this Chapter. Any Person owning, operating or maintaining a 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 October 1, 2001, unless exempted by Section 902.02(d). Applications will consist of providing the application information set forth in Section 902.06 et seq. and as reasonably required by the Director of Public Service.
(c) No Construction Without Certificate of Registration. Following the effective date of this Chapter, unless exempted by Section 902.02(d), no Person shall Construct or perform any work on or use any System or any part thereof, located in, on, above, within, over, below, under, or through any Rights of Way without first obtaining a Certificate of Registration. For the purposes of this Section only, a Person with a System in place at the time of the effective date of this Chapter shall not be considered immediately in violation of this Section, but shall have up to six (6) months from the effective date of this Chapter to obtain a Certificate of Registration.
(d) Exceptions. The following entities are not obligated to obtain a Certificate of Registration: the City; the County; cable television operators for the limited purpose of providing only cable television service and operating pursuant to a valid cable television franchise; and resellers of Services that do not own any System or Facilities in the Rights of Way; a Person that possesses a Service Agreement, such exemption shall only be allowed for the limited specific purpose and term provided for in the Service Agreement document.
(e) Systems in Place Without a Certificate of Registration. Beginning one year after the effective date of this Chapter, any System or part of a System found in a Rights of Way for which a Certificate of Registration is required but has not been obtained, unless specifically exempted by Law, shall be deemed to be a nuisance and an unauthorized use of the Rights of Way. The City may exercise any remedies or rights it has at Law or in equity, including, but not limited to abating the nuisance; taking possession of the Facilities and/or non-complying portion of such System; and/or prosecuting the violator.
(f) Future Uses. In allowing Facilities to be placed in the Rights of Way, the City is not liable for any damages caused thereby to any Provider's Facilities that are already in place. All Providers are hereby advised that any information or maps provided by the City that have been compiled in accordance with the requirements of this Chapter are for reference only and are not intended to replace or supplement the requirements of the Ohio Utility Protection Service system. Additionally, no Provider is entitled to rely on the provisions of this Chapter as creating a special duty to any Provider.
(Ord. 39-01. Passed 9-18-01.)