13-19 Amending Small Cell Wireless Communication Code

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(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 re- ceiving 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 equipment; (3) Construction, replacement, modification, repair, or maintenance of a Wire- less 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 distinct offense shall be deemed committed each day during or on which aviolation occurs or continues. (b) Nothing in this chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this chapter. is hereby repealed, and new Chapter 906, Use of Public Ways for Small Cell Wireless Facilities and Wireless Support Structures, of the Codified Ordinances of the City of Lakewood is enacted to read as follows: CHAPTER 906 Use of Public Ways for Small Cell Wireless Facilities and Wireless Support Structures 906.01 Overview and Purpose; Definitions. 906.02 Consent Required. 906.03 Permit Application Types. 906.04 Consolidated Consent Applications. 906.05 Application Fee. 906.06 Attachment Fee. 906.07 Required Application Materials. 906.08 Application Review. 906.09 Permitting Process, Duration, and Termination. t0