(a) In accordance with the provisions of subsection (c) hereof, the Director may promulgate Regulations, as the Director deems appropriate from time to time, to carry out the express purposes and intent of this Chapter, including Regulations governing the procedures and the permitting process.
(b) Such Regulations shall not materially increase the obligations of any Permittee hereunder. In promulgating such Regulations, including those related to Section 911.06(a), the Director shall, among other appropriate factors, consider the costs of Permittee compliance as an important factor in determining the appropriateness of the Regulations, provided, however, that:
(1) Adoption of Regulations increasing fees in accordance with Section 911.07(h); and
(2) The requiring of placement of facilities in designated portions of the Rights- of-Way underground pursuant to Section 911.06(a)(4);
shall not be construed as materially increasing the obligations of a Permittee.
(c) The Director shall promulgate proposed regulations by filing the same with the Clerk of Council for publication in the City Bulletin. Each Right-of-Way Permittee shall be served with a copy of the proposed Regulations by regular U.S. Mail; provided, however, that any failure of any Permittee to actually receive such notice shall not in any way affect the validity or enforceability of such Regulation. Any Person, including any Permittee, may file specific written comments or objections on the proposed Regulations within a thirty (30) day period after such publication (hereinafter "Comment Period"). The proposed Regulations shall become effective thirty (30) days after the end of the Comment Period (or such longer period as determined by Council), unless such Regulation is modified or rejected by City Council.
(d) The City may adopt emergency Regulations to be immediately effective, when the City determines the same to be appropriate or required by the public health, safety or welfare; provided, however, that any such Regulation shall nonetheless be subject to the comment and review process as set forth in subsection (c) hereof.
(Ord. 02-70(a). Passed 11-25-02.)