[R.O. 2010 §461.610; Ord. No. B2-01 §5.1, 2-19-2001]
The City shall be responsible for the continued administration of this Code and any agreement or franchises granted hereunder. The City may delegate this authority from time to time in any manner consistent with applicable law, provided however, that the City shall not delegate enforcement authority.
[R.O. 2010 §461.620; Ord. No. B2-01 §5.2, 2-19-2001]
Unless otherwise provided herein or by any generally applicable administrative appeal process, a provider may appeal any decision of the City pursuant to this Code to the Governing Body of City within fifteen (15) days of such decision where, upon written request of the provider specifying this provision and including the details of the alleged claim, an evidentiary hearing shall be held on such appeal.
[R.O. 2010 §461.630; Ord. No. B2-01 §5.3, 2-19-2001]
A provider shall not be relieved of its obligation to comply with any of the provisions of this Code or its applicable agreement or franchise by reason of any failure of the City to enforce prompt compliance.
[R.O. 2010 §461.640; Ord. No. B2-01 §5.4, 2-19-2001]
Any person violating any provision of this Code shall be subject to a fine of five hundred dollars ($500.00) per day per violation. The payment of such fine notwithstanding, all such violators shall be subject to all other applicable provisions of this Code to the fullest extent allowed by law including, but not limited to, the payment of a use fee or franchise fee. In addition to all other remedies, any person who shall have installed facilities in the rights-of-way prior to the effective date of this Code or hereinafter without the consent of the City shall be subject to pay as a penalty to the City three (3) times the use fees calculated from the date of installation to the earlier of the effective date of a lawful use agreement or franchise with the City or the date the facilities are properly removed; provided that if such person accurately discloses the facilities and applies for a lawful use agreement or franchise within thirty (30) days of the effective date of this Code, such person may avoid this penalty by paying with the application the actual use fee amount calculated for such period, plus interest and other fees provided herein.
[R.O. 2010 §461.650; Ord. No. B2-01 §5.5, 2-19-2001]
All public notices or ordinances required to be published by law shall be published in the official newspaper of the City. A grantee shall be responsible for all costs of publication that may be required with respect to its agreement or franchise or any amendments thereto.
[R.O. 2010 §461.660; Ord. No. B2-01 §5.6, 2-19-2001]
If any material Section of this Code or an agreement or franchise granted pursuant to it is held by a governmental authority of competent jurisdiction to be invalid or unlawful as conflicting with applicable laws now or hereafter in effect or is held by a court or competent governmental authority to be modified in any way in order to conform to the requirements of any such applicable laws, such provision shall be considered a separate, distinct and independent part of the Code, agreement or franchise and, to the extent possible, such holding shall not affect the validity and enforceability of all other provisions therein.