[R.O. 2009 § 645.010; Ord. No. 2929 § 1, 11-19-2007]
A.
To the extent permitted by the 2007 Video
Services Providers Act, the Board of Aldermen hereby ratifies all
existing agreements, franchises and ordinances regulating cable television
operators and other video service providers, including the imposition
of a franchise fee of three percent (3%) imposed on the gross revenues
of all such providers and further declares that such agreements, franchises
and ordinances shall continue in full force and effect until expiration
as provided therein or until pre-empted by the issuance of video service
authorizations by the Missouri Public Service Commission or otherwise
by law, but only to the extent of said pre-emption.
[R.O. 2009 § 645.020; Ord. No. 2929 § 2, 11-19-2007]
A.
FRANCHISE AREA
GROSS REVENUES
1.
2.
3.
4.
5.
6.
a.
b.
c.
d.
e.
f.
HOUSEHOLD
LOW-INCOME HOUSEHOLD
PERSON
SUBSCRIBER
VIDEO SERVICE
VIDEO SERVICE AUTHORIZATION
VIDEO SERVICE NETWORK
VIDEO SERVICE PROVIDER FEE
VIDEO SERVICE PROVIDER or PROVIDER
Definitions. The following terms shall
have the following meanings unless otherwise defined by context:
The total geographic area of the City authorized to be served
by an incumbent cable television operator or incumbent local exchange
carrier or affiliate thereof.
The total amounts billed to subscribers or received from
advertisers for the provision of video services within the City, including:
Recurring charges for video service;
Event-based charges for video service
including, but not limited to, pay-per-view and video-on-demand charges;
Rental of set top boxes and other
video service equipment;
Service charges related to the provision
of video service including, but not limited to, activation, installation,
repair and maintenance charges;
Administrative charges related to
the provision of video service including, but not limited to, service
order and service termination charges; and
A pro rata portion of all revenue
derived, less refunds, rebates or discounts, by a video service provider
for advertising over the video service network to subscribers, where
the numerator is the number of subscribers within the City and the
denominator is the total number of subscribers reached by such advertising;
but gross revenues do not include:
Discounts, refunds and other price
adjustments that reduce the amount of compensation received by a video
service provider;
Uncollectibles;
Late payment fees;
Amounts billed to subscribers to
recover taxes, fees or surcharges imposed on subscribers or video
service providers in connection with the provision of video services,
including the video service provider fee authorized herein;
Fees or other contributions for PEG
or I-Net support; or
Charges for services other than video
service that are aggregated or bundled with amounts billed to subscribers,
provided the video service provider can reasonably identify such charges
on books and records kept in the regular course of business or by
other reasonable means. Except with respect to the exclusion of the
video service provider fee, gross revenues shall be computed in accordance
with generally accepted accounting principles.
An apartment, a house, a mobile home or any other structure
or part of a structure intended for residential occupancy as separate
living quarters.
A household with an average annual household income of less
than thirty-five thousand dollars ($35,000.00) as determined by the
most recent decennial census.
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
Any person who receives video services in the franchise area.
The provision of video programming provided through wireline
facilities, without regard to delivery technology, including Internet
protocol technology, whether provided as part of a tier, on demand
or a per-channel basis, including cable service as defined by 47 U.S.C.
Section 522(6), but excluding video programming provided by a commercial
mobile service provider defined in 47 U.S.C. Section 332(d) or any
video programming provided solely as part of and via a service that
enables users to access content, information, electronic mail or other
services offered over the public Internet.
The right of a video service provider or an incumbent cable
operator that secures permission from the Missouri Public Service
Commission pursuant to Sections 67.2675 to 67.2714, RSMo., to offer
video service to subscribers.
Wireline facilities or any component thereof that deliver
video service without regard to delivery technology, including Internet
protocol technology or any successor technology. The term "video service
network" shall include cable television systems.
The fee imposed under Section 645.020 hereof.
Any person authorized to distribute video service through
a video service network pursuant to a video service authorization.
B.
General Regulations.
1.
A video service provider shall provide
written notice to the City at least ten (10) days before commencing
video service within the City. Such notice shall also include:
a.
The name, address and legal status
of the provider;
b.
The name, title, address, telephone
number, e-mail address and fax number of individual(s) authorized
to serve as the point of contact between the City and the provider
so as to make contact possible at any time [i.e., twenty-four (24)
hours per day, seven (7) days per week]; and
c.
A copy of the provider's video service
authorization issued by the Missouri Public Service Commission.
3.
A video service provider shall not
deny access to service to any group of potential residential subscribers
because of the race or income of the residents in the area in which
the group resides. A video service provider shall be governed in this
respect by Section 67.2707, RSMo. The City may file a complaint in
a court of competent jurisdiction alleging a germane violation of
this Subsection, which complaint shall be acted upon in accordance
with Section 67.2711, RSMo.
4.
A video service provider shall comply
with all Federal Communications Commission requirements involving
the distribution and notification of emergency messages over the emergency
alert system applicable to cable operators. Any video service provider
other than an incumbent cable operator serving a majority of the residents
within a political subdivision shall comply with this Section by December
31, 2007.
5.
A video service provider shall, at
its sole cost and expense, indemnify, hold harmless and defend the
City, its officials, boards, board members, commissions, commissioners,
agents and employees against any and all claims, suits, causes of
action, proceedings and judgments ("claims") for damages or equitable
relief arising out of:
a.
The construction, maintenance, repair
or operation of its video services network;
b.
Copyright infringements; and
c.
Failure to secure consents from the
owners, authorized distributors or licenses or programs to be delivered
by the video service network.
Such indemnification shall include,
but is not limited to, the City's reasonable attorneys' fees incurred
in defending against any such claim prior to the video service provider
assuming such defense. The City shall notify the provider of a claim
within seven (7) business days of its actual knowledge of the existence
of such claim. Once the provider assumes the defense of the claim,
the City may at its option continue to participate in the defense
at its own expense. This indemnification obligation shall not apply
to any claim related to the provision of public, educational or governmental
channels or programming or to emergency interrupt service announcements.
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C.
Video Service Provider Fee.
1.
Pursuant to Section 67.2689, RSMo.,
the user or other person providing cable services or video services
within the City shall, to the extent permitted by law, starting on
July 1, 2018, pay zero percent (0%) [reduced from three percent (3%)]
of the gross revenues from such user or other person providing cable
services or video services within the geographic area of the City.
The City reserves the right to increase the franchise fee up to the
maximum amount allowed by applicable law after ninety (90) days' notice
to the users or other persons providing cable services or video services
within the City in accordance with applicable law.
2.
A video service provider may identify
and pass through on a proportionate basis the video service provider
fee as a separate line item on subscribers' bills.
3.
The City, not more than once per
calendar year and at its own cost, may audit the gross revenues of
any video service provider as provided in Section 67.2691, RSMo. A
video service provider shall make available for inspection all records
pertaining to gross revenues at the location where such records are
kept in the normal course of business.
D.
Customer Service Regulations.
1.
NORMAL BUSINESS HOURS
NORMAL OPERATING CONDITIONS
SERVICE INTERRUPTION
For purposes of this Section, the
following terms shall mean:
Those hours during which most similar businesses in the community
are open to serve customers. In all cases the term normal business
hours must include some evening hours at least one (1) night per week
or some weekend hours.
Those service conditions which are within the control of
the video service provider. Those conditions which are not within
the control of the video service provider include, but are not limited
to, natural disasters, civil disturbances, power outages, telephone
network outages and severe or unusual weather conditions. Those conditions
which are ordinarily within the control of the video service provider
include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods and
maintenance or upgrade of the video system.
The loss of picture or sound on one (1) or more video channels.
2.
All video service providers shall
adopt and abide by the following minimum customer service requirements.
a.
Video service providers shall maintain
a local, toll-free or collect call telephone access line which may
be available to subscribers twenty-four (24) hours a day, seven (7)
days a week.
b.
Video service providers shall have
trained company representatives available to respond to customer telephone
inquiries during normal business hours. After normal business hours,
the access line may be answered by a service or an automated response
system, including an answering machine. Inquiries received after normal
business hours shall be responded to, by a trained company representative,
on the next business day.
c.
Under normal operating conditions,
telephone answer time by a customer representative, including wait
time, shall not exceed thirty (30) seconds when the connection is
made. If the call needs to be transferred, transfer time shall not
exceed thirty (30) seconds. These standards shall be met no less than
ninety percent (90%) of the time under normal operating conditions,
measured on a quarterly basis.
d.
Under normal operating conditions,
the customer will receive a busy signal less than three percent (3%)
of the time.
e.
Customer service centers and bill
payment locations shall be open at least during normal business hours
and shall be conveniently located.
f.
Under normal operating conditions,
each of the following standards shall be met no less than ninety-five
percent (95%) of the time measured on a quarterly basis:
(1)
Standard installations
shall be performed within seven (7) business days after an order has
been placed. "Standard" installations are those that are located up
to one hundred twenty-five (125) feet from the existing distribution
system.
(2)
Excluding conditions
beyond the control of the operator, the video service provider shall
begin working on "service interruptions" promptly and in no event
later than twenty-four (24) hours after the interruption becomes known.
The video service provider must begin actions to correct other service
problems the next business day after notification of the service problem.
(3)
The "appointment window"
alternatives for installations, service calls and other installation
activities will be either a specific time or, at maximum, a four-hour
time block during normal business hours. The operator may schedule
service calls and other installation activities outside of normal
business hours for the express convenience of the customer.
(4)
A video service provider
shall not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment.
(5)
If a video service provider's
representative is running late for an appointment with a customer
and will not be able to keep the appointment as scheduled, the customer
must be contacted. The appointment shall be rescheduled, as necessary,
at a time convenient for the customer.
h.
Credits for service shall be issued
no later than the customer's next billing cycle following the determination
that a credit is warranted.
i.
Video service providers shall not
disclose the name or address of a subscriber for commercial gain to
be used in mailing lists or for other commercial purposes not reasonably
related to the conduct of the businesses of the video service provider
or its affiliates as required under 47 U.S.C. § 551, including
all notice requirements. Video service providers shall provide an
address and telephone number for a local subscriber to use without
toll charge to prevent disclosure of the subscriber's name or address.
3.
As required by Section 67.2692, RSMo., this Subsection (D) shall be enforced only as follows:
a.
Each video service provider shall
implement an informal process for handling inquiries from the City
and customers concerning billing issues, service issues and other
complaints. If an issue is not resolved through this informal process,
the City may request a confidential non-binding mediation with the
video service provider, with the costs of such mediation to be shared
equally between the City and the video service provider.
b.
In the case of repeated, willful
and material violations of the provisions of this Section by a video
service provider, the City may file a complaint on behalf of a resident
harmed by such violations with Missouri's Administrative Hearing Commission
seeking an order revoking the video service provider's Public Service
Commission authorization. The City or a video service provider may
appeal any determination made by the Administrative Hearing Commission
under this Section to a court of competent jurisdiction, which shall
have the power to review the decision de novo. The City shall not
file a complaint seeking revocation unless the video service provider
has been given sixty (60) days' notice to cure alleged breaches but
has failed to do so.
E.
Public, Educational And Government Access
Programming.
1.
Each video service provider shall
designate the same number of channels for non-commercial public, educational
or governmental ("PEG") use as required of the incumbent cable television
franchisee as of August 28, 2007.
2.
Any PEG channel that is not substantially
utilized by the City may be reclaimed and programmed by the video
service provider at the provider's discretion. If the City finds and
certifies that a channel that has been reclaimed by a video service
provider will be substantially utilized, the video service provider
shall restore the reclaimed channel within one hundred twenty (120)
days. A PEG channel shall be considered "substantially utilized" when
forty (40) hours per week are locally programmed on that channel for
at least three (3) consecutive months. In determining whether a PEG
channel is substantially utilized, a program may be counted not more
than four (4) times during a calendar week.
3.
The operation of any PEG access channel
and the production of any programming that appears on each such channel
shall be the sole responsibility of the City or its duly appointed
agent receiving the benefit of such channel and the video service
provider shall bear only the responsibility for the transmission of
the programming on each such channel to subscribers. The City must
deliver and submit to the video service provider all transmissions
of PEG content and programming in a manner or form that is capable
of being accepted and transmitted by such video service provider holder
over its network without further alteration or change in the content
or transmission signal. Such content and programming must be compatible
with the technology or protocol utilized by the video service provider
to deliver its video services. The video service provider shall cooperate
with the City to allow the City to achieve such compatibility.
4.
The City shall make the programming
of any PEG access channel available to all video service providers
in a non-discriminatory manner. Each video service provider shall
be responsible for providing the connectivity to the City's or its
duly appointed agent's PEG access channel distribution points existing
as of August 27, 2007. Where technically necessary and feasible, video
service providers shall use reasonable efforts and shall negotiate
in good faith to interconnect their video service networks on mutually
acceptable rates, terms and conditions for the purpose of transmitting
PEG programming. A video service provider shall have no obligation
to provide such interconnection to a new video service provider at
more than one (1) point per headend, regardless of the number of political
subdivisions served by such headend. The video service provider requesting
interconnection shall be responsible for any costs associated with
such interconnection, including signal transmission from the origination
point to the point of interconnection. Interconnection may be accomplished
by direct cable microwave link, satellite or other reasonable method
of connection acceptable to the person providing the interconnect.
5.
The franchise obligation of an incumbent
cable operator to provide monetary and other support for PEG access
facilities existing on August 27, 2007 shall continue until the date
of franchise expiration (ignoring any termination by notice of issuance
of a video service authorization) or January 1, 2012, whichever is
earlier. Any other video service provider shall have the same obligation
to support PEG access facilities as the incumbent cable operator,
but if there is more than one (1) incumbent, then the incumbent with
the most subscribers as of August 27, 2007. Such obligation shall
be prorated, depending on the nature of the obligation, as provided
in Section 67.2703.8, RSMo. The City shall notify each video service
provider of the amount of such fee on an annual basis, beginning one
(1) year after issuance of the video service authorization.
6.
A video service provider may identify
and pass through as a separate line item on subscribers' bills the
value of monetary and other PEG access support on a proportionate
basis.
F.
Compliance With Other Regulations. All video service providers shall comply with the right-of-way use and zoning regulations established in Chapter 510, Excavations and Public Rights-of-Way Management of this Code and Section 645.040 of this Chapter and with all other applicable laws and regulations.
[R.O. 2009 § 645.040; Ord. No. 2929 § 4, 11-19-2007]
A.
DIRECTOR
FACILITIES
FACILITIES PERMIT
PERSON
SERVICE
Definitions. The following terms shall
have the following meanings unless otherwise defined by context:
The City's Public Works Director or such other person designated
to administer and enforce this Chapter.
A network or system or any part thereof used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances or other equipment.
A permit granted by the City for placement of facilities
on private property.
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof
Providing or delivering an economic good or an article of
commerce including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service
to one (1) or more persons located within or outside of the City using
facilities located within the City.
B.
Facilities Permits.
1.
Any person desiring to place facilities
on private property must first apply for and obtain a facilities permit
in addition to any other building permit, license, easement, franchise
or authorization required by law. The Director may design and make
available standard forms for such applications, requiring such information
as allowed by law and as the Director determines in his or her discretion
to be necessary and consistent with the provisions of this Chapter
and to accomplish the purposes of this Chapter. Each application shall
at minimum contain the following information, unless otherwise waived
by the Director:
a.
The name of the person on whose behalf
the facilities are to be installed and the name, address and telephone
number of a representative whom the City may notify or contact at
any time (i.e., twenty-four (24) hours per day, seven (7) days per
week) concerning the facilities;
b.
A description of the proposed work,
including a site plan and such plans or technical drawings or depictions
showing the nature, dimensions and description of the facilities,
their location and their proximity to other facilities that may be
affected by their installation.
2.
Each such application shall be accompanied
by an application fee approved by the City to cover the cost of processing
the application.
3.
Application Review And Determination.
a.
The Director shall promptly review
each application and shall grant or deny the application within thirty-one
(31) days. Unless the application is denied pursuant to Subparagraph
(d) hereof, the Director shall issue a facilities permit upon determining
that the applicant:
(1)
Has submitted all necessary
information,
(2)
Has paid the appropriate
fees, and
(3)
Is in full compliance
with this Chapter and all other City ordinances. The Director may
establish procedures for bulk processing of applications and periodic
payment of fees to avoid excessive processing and accounting costs.
b.
It is the intention of the City that
proposed facilities will not impair public safety, harm property values
or significant sight lines or degrade the aesthetics of the adjoining
properties or neighborhood and that the placement and appearance of
facilities on private property should be minimized and limited in
scope to the extent allowed by law to achieve the purposes of this
Section. To accomplish such purposes, the Director may impose conditions
on facilities permits, including alternative landscaping, designs
or locations, provided that such conditions are reasonable and necessary,
shall not result in a decline of service quality and are competitively
neutral and non-discriminatory.
c.
An applicant receiving a facilities
permit shall promptly notify the Director of any material changes
in the information submitted in the application or included in the
permit. The Director may issue a revised facilities permit or require
that the applicant reapply for a facilities permit.
d.
The Director may deny an application,
if denial is deemed to be in the public interest, for the following
reasons:
(1)
Delinquent fees, costs
or expenses owed by the applicant;
(2)
Failure to provide required
information;
(3)
The applicant being
in violation of the provisions of this Chapter or other City ordinances;
(4)
For reasons of environmental,
historic or cultural sensitivity as defined by applicable Federal,
State or local law;
(5)
For the applicant's
refusal to comply with reasonable conditions required by the Director;
and
(6)
For any other reason
to protect the public health, safety and welfare, provided that such
denial does not fall within the exclusive authority of the Missouri
Public Service Commission and is imposed on a competitively neutral
and non-discriminatory basis.
4.
Permit Revocation And Ordinance Violations.
a.
The Director may revoke a facilities
permit without fee refund after notice and an opportunity to cure,
but only in the event of a substantial breach of the terms and conditions
of the permit or this Chapter. Prior to revocation the Director shall
provide written notice to the responsible person identifying any substantial
breach and allowing a reasonable period of time not longer than thirty
(30) days to cure the problem, which cure period may be immediate
if certain activities must be stopped to protect the public safety.
The cure period shall be extended by the Director on good cause shown.
A substantial breach includes, but is not limited to, the following:
(1)
A material violation
of the facilities permit or this Chapter;
(2)
An evasion or attempt
to evade any material provision of the permit or this Chapter or the
perpetration or attempt to perpetrate any fraud or deceit upon the
City or its residents;
(3)
A material misrepresentation
of fact in the permit application;
(4)
A failure to complete
facilities installation by the date specified in the permit, unless
an extension is obtained or unless the failure to complete the work
is due to reasons beyond the applicant's control; and
(5)
A failure to correct,
upon reasonable notice and opportunity to cure as specified by the
Director, work that does not conform to applicable national safety
ordinances, industry construction standards or the City's pertinent
and applicable ordinances including, but not limited to, this Chapter,
provided that City standards are no more stringent than those of a
national safety ordinance.
b.
Any breach of the terms and conditions
of a facilities permit shall also be deemed a violation of this Chapter
and in lieu of revocation the Director may initiate prosecution of
the applicant or the facilities owner for such violation.
5.
Appeals And Alternative Dispute Resolution.
a.
Any person aggrieved by a final determination
of the Director may appeal in writing to the City Administrator within
five (5) business days thereof. The appeal shall assert specific grounds
for review and the City Administrator shall render a decision on the
appeal within fifteen (15) business days of its receipt affirming,
reversing or modifying the determination of the Director. The City
Administrator may extend this time period for the purpose of any investigation
or hearing deemed necessary. A decision affirming the Director's determination
shall be in writing and supported by findings establishing the reasonableness
of the decision. Any person aggrieved by the final determination of
the City Administrator may file a petition for review pursuant to
Chapter 536, RSMo., as amended, in the Circuit Court of the County
of St. Louis. Such petition shall be filed within thirty (30) days
after the City Administrator's final determination.
b.
On agreement of the parties and in
addition to any other remedies, any final decision of the City Administrator
may be submitted to mediation or binding arbitration.
(1)
In the event of mediation,
the City Administrator and the applicant shall agree to a mediator.
The costs and fees of the mediator shall be borne equally by the parties
and each party shall pay its own costs, disbursements and attorney
fees.
(2)
In the event of arbitration,
the City Administrator and the applicant shall agree to a single arbitrator.
The costs and fees of the arbitrator shall be borne equally by the
parties. If the parties cannot agree on an arbitrator, the matter
shall be resolved by a three (3) person arbitration panel consisting
of one (1) arbitrator selected by the City Administrator, one (1)
arbitrator selected by the applicant or facilities owner and one (1)
person selected by the other two (2) arbitrators, in which case each
party shall bear the expense of its own arbitrator and shall jointly
and equally bear with the other party the expense of the third (3rd)
arbitrator and of the arbitration. Each party shall also pay its own
costs, disbursements and attorney fees.
C.
Facilities Regulations.
1.
The following general regulations
apply to the placement and appearance of facilities:
a.
Facilities shall be placed underground,
except when other similar facilities exist above ground or when conditions
are such that underground construction is impossible, impractical
or economically unfeasible, as determined by the City, and when in
the City's judgment the above ground construction has minimal aesthetic
impact on the area where the construction is proposed. Facilities
shall not be located so as to interfere or be likely to interfere
with any public facilities or use of public property.
b.
Facilities shall be located in such
a manner as to reduce or eliminate their visibility. Non-residential
zoning districts are preferred to residential zoning districts. Preferred
locations in order of priority in both type districts are:
c.
Facilities shall be a neutral color
and shall not be bright, reflective or metallic. Black, gray and tan
shall be considered neutral colors, as shall any color that blends
with the surrounding dominant color and helps to camouflage the facilities.
Sightproof screening, landscape or otherwise, may be required for
facilities taller than three (3) feet in height or covering in excess
of four (4) square feet in size. Such screening shall be sufficient
to reasonably conceal the facility. A landscape plan identifying the
size and species of landscaping materials shall be approved by the
Director prior to installation of any facility requiring landscape
screening. The person responsible for the facilities shall be responsible
for the installation, repair or replacement of screening materials.
Alternative concealment may be approved by the Director to the extent
it meets or exceeds the purposes of these requirements.
d.
Facilities shall be constructed and
maintained in a safe manner and so as to not emit any unnecessary
or intrusive noise and in accordance with all applicable provisions
of the Occupational Safety and Health Act of 1970, the National Electrical
Safety Code and all other applicable Federal, State or local laws
and regulations.
e.
No person shall place or cause to
be placed any sort of signs, advertisements or other extraneous markings
on the facilities, except such necessary minimal markings approved
by the City as necessary to identify the facilities for service, repair,
maintenance or emergency purposes or as may be otherwise required
to be affixed by applicable law or regulation.
f.
If the application of this Subsection
excludes locations for facilities to the extent that the exclusion
conflicts with the reasonable requirements of the applicant, the Director
shall cooperate in good faith with the applicant to attempt to find
suitable alternatives, but the City shall not be required to incur
any financial cost or to acquire new locations for the applicant.
2.
Any person installing, repairing,
maintaining, removing or operating facilities, and the person on whose
behalf the work is being done, shall protect from damage any and all
existing structures and property belonging to the City and any other
person. Any and all rights-of-way, public property or private property
disturbed or damaged during the work shall be repaired or replaced
and the responsible person shall immediately notify the owner of the
fact of the damaged property. Such repair or replacement shall be
completed within a reasonable time specified by the Director and to
the Director's satisfaction.
3.
The applicant shall provide written
notice to all property owners within one hundred eighty-five (185)
feet of the site at least forty-eight (48) hours prior to any installation,
replacement or expansion of its facilities. Notice shall include a
reasonably detailed description of work to be done, the location of
work and the time and duration of the work.
4.
At the City's direction, a person
owning or controlling facilities shall protect, support, disconnect,
relocate or remove facilities, at its own cost and expense, when necessary
to accommodate the construction, improvement, expansion, relocation
or maintenance of streets or other public works or to protect the
ROW or the public health, safety or welfare.
5.
If a person installs facilities without
having complied with the requirements of this Chapter or abandons
the facilities, said person shall remove the facilities and if the
person fails to remove the facilities within a reasonable period of
time, the City may, to the extent permitted by law, have the removal
done at the person's expense.
6.
Facilities shall be subject to all
other applicable regulations and standards as established as part
of this Code including, but not limited to, building codes, zoning
requirements and rights-of-way management regulations in addition
to the regulations provided herein.
[R.O. 2009 § 645.050; Ord. No. 2929 § 5, 11-19-2007]
Any person found guilty of violating any provision of this Chapter shall be subject to the penalty in Section 100.120.