(A) The provisions of this chapter apply to work performed in the PROW and to facilities that have been or are proposed to be placed in the PROW, except for maintenance and/or repair work. Noncompliance with a requirement in this chapter is a violation of the law and is subject to all remedies available under the law.
(B) The right to perform work in the PROW and the ability to maintain facilities in the PROW are allowed subject to the conditions that follow, and as supplemented by those set forth in other sections of this chapter, standards adopted by the Department and requirements contained in authorizations.
(1) An authorization does not grant an exclusive right to provide a service or to construct, operate, modify or maintain a facility in the PROW.
(2) The city retains all rights it may have to use all portions of the PROW for any purpose not prohibited by law.
(3) A permit or authorization does not convey any title to any portion of the PROW.
(4) The city and its officials, officers and employees shall not be liable for any direct, indirect or consequential damages that result when facilities in the PROW are damaged during the construction, installation, modification, inspection, maintenance or repair of public improvements that have received funding from a governmental entity or that are installed pursuant to a contract with the city.
(5) Users and persons who cause work to be done in the PROW shall pay for all damage that results, directly or indirectly, from work performed for their benefit in the PROW, and for the installation, repair, maintenance and operation of their facilities in the PROW.
(6) Non-enforcement or lack of prompt enforcement of one or more provisions of an authorization does not waive the city’s right to enforce the provisions of an authorization.
(7) An authorization creates no third-party rights against the city and is intended only for the benefit of the person(s) receiving the authorization.
(8) An authorization does not limit the city’s exercise of its regulatory, police, governmental, legislative or contracting authority. If an authorization conflicts with the terms of a permit or with the city code, the more strict shall control.
(9) The owner of a pole or other structure shall be responsible for the facility as a whole at all times being in compliance with all permitting and safety regulations, including any attachments to the pole(s) or other structure(s). At no time shall an owner allow unpermitted work on or at a facility.
(10) The city shall review applications to determine whether a use would have a detrimental effect on public safety as it relates to the PROW or would place an undue physical burden on the PROW.
(11) In considering an application, the city may use such outside experts as it deems necessary. In the event the city deems it necessary to employ an outside expert with respect to a particular application, the reasonable and verifiable cost of such expert shall be borne by the applicant.
(12) By the acceptance of a PROW permit, the applicant agrees to assume all liability for all or any damages to persons or property accruing to the public or to the city which may or might result from the opening or excavation.
(13) The issuance of a PROW authorization for any purpose, including, but not limited to, construction or replacement of support poles, shall constitute an agreement on the part of the applicant that it will at any time thereafter, upon notice from the city, at its own expense, make such change in location or construction of such facility as may be necessary to protect the public safety property values.
(Ord. 2017-O-55, passed 9-12-2017)