34-18 Enact Chp 906 Use of Public Ways for Small Cell Wireless Facilities...

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(b) The City may, in its sole discretion, draw on the financial surety to re- move abandoned Facilities, remove or repair damaged Facilities, or to repair damage to any City property caused by the Facilities Operator or its agent. In such event, the Facilities Operator shall cause the financial surety be replenished to its prior amount within 10 business days after City notifies the Facilities Op- erator that it has drawn on the financial surety. 906.16 RESERVED SPACE. The City reserves the right to install, and permit others to install, Facilities in the Right -of -Way. The City may reserve space in the Right -of -Way and on Wireless Support Structures for future utility, safety, or transportation uses. Such space may be reserved in an ordinance or plan approved by the Mayor, City Manager, City Council, Building Commissioner, or Planning Commission. 906.17 REMOVAL OR RELOCATION OF FACILITIES. (a) The City may require a Facilities Operator to remove or relocate Facilities to accomplish construction and maintenance activities. The Facilities Operator shall remove or relocate the Facilities at no cost to the City. If the Facilities Op- erator fails to remove or relocate the Facilities within 90 days of receiving a re- quest to do so fiom the City, then the City may remove the Facilities at Facilities Operator's sole cost and expense, without further notice to the Facilities Opera- tor. (b) If the Facilities are placed in a location other than the location approved by the City, the Facilities Operator shall relocate the Facilities within 30 days of receiving notice that the Facilities are located improperly. 906.18 NOTICE OF WORK. (a) A Facilities Operator shall notify the Director of all nonemergency work within 10 calendar days prior to performing any upgrades or maintenance on any Facilities, regardless of whether the work requires any permit or consent from the City. 906.19 CONSTRUCTION PERMIT. (a) Facilities Operators are required to obtain a construction permit pursuant to Section 904.07 prior to commencing any of the following activities: (1) Collocation of small cell equipment on a Wireless Support Structure; (2) Replacement, modification, repair, or maintenance of small cell equip- ment; (3) Construction, replacement, modification, repair, or maintenance of a Wireless Support Structure associated with a small cell facility; and (4) Any excavation of the Right -of -Way in connection with the activities de- scribed in this subsection (a). (b) The construction permit fee shall be the fee set forth in Section 904.08. 906.20 EXCAVATION PERMIT. If a Facilities Operator must construct, reconstruct, alter, repair, remove or re- place any culvert, sidewalk or driveway in any public street or road Right -of- Way, then the Facilities Operator shall obtain the required permit pursuant to Section 904.07. 906.99 PENALTIES; EQUITABLE REMEDIES. (a) Any person or entity found guilty of violating, disobeying, omitting, ne- glecting or refusing to comply with any of the provisions of this chapter, or with any of the provisions of the Design Guidelines established and promulgated by the Director, shall be guilty of a misdemeanor of the fourth degree and fined not less than $100.00 nor more than $500.00 for each offense. A separate and dis-