13-19 Amending Small Cell Wireless Communication Code

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906.17 REMOVAL OR RELOCATION OF FACILITIES. "`ram— Tr"ne(a) Consistent with O.R.C. Section 4939.08, 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 Facil- ities at no cost to the City. If the Facilities Operator fails to remove or relocate the Facilities within 90 days of receiving a request to do so from the City, then the City may remove the Facilities at Facilities Operator's sole cost and expense, without further notice to the Facilities Operator. (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. (c) With respect to the proposed installation of Small Cell Facilities or Wireless Suppott Structures upon which such Facilities are to be mounted, a Facilities Op- erator shall utilize a form supplied by the Director for such purpose. 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. 906.21 WAIVER. It is within the reasonable discretion of the Director to waive any portion or portions of this Chapter, as permitted or warranted tinder state and federal law, where such requirements, in the Director's iudgment, are not necessary or appro- priate to protect the City's interests and the purposes and intent of this Chapter. 906.99 PENALTIES; EQUITABLE REMEDIES. (a) Any Applicant or Operator or other person or entity acting as the agent of an Applicant or Operator found guilty of violating, disobeying, omitting, neglect- ing 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 of- fense shall be deemed committed each day during or on which a violation 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. 19