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2018 024 Ordinance
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2018 024 Ordinance
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Last modified
3/22/2019 10:59:31 AM
Creation date
3/22/2019 4:26:52 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
024
Date
8/20/2018
Year
2018
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ORDINANCE NO. 2018-24 <br />PAGE 16 <br />the Village, each Service Provider shall furnisfi the Village with documentation sufficient <br />to show that the Service Provider has complied with all requirements of this Chapter. <br />(v) Assignments or Transfers of Consent. Consent to Occupy or Use tfie <br />Public Right-of-Way may be, directly or indirectly, transferred, assigned or disposed of. <br />by sale, lease, merger, consolidation or other act of the Service Provider, by operation <br />of law or otherwise, without consent of the Village, so long as: (1) The Village is notified of the proposed transfer on or before the date <br />of transfer; and <br />(2) The transferee shall fully comply with this Chapter within sixty (60) <br />days of the transfer, including, but not limited to: <br />(A) All information required by the application for consent to <br />Occupy or Use.the Public Right-of-Way pursuant to Section <br />709.02 of this Chapter; and <br />. (B) Any other information reasonably required by the Village. <br />(w) Revocation of Consent. Consent granted by.the Village to Occupy or Use <br />the Public Right-of-Way of the Village may be reVoked for any one of the following <br />reasons: . <br />(1) Construction, Reconstruction, installation, location, operation or <br />Excavation at an unauthorized location. <br />(2) Construction, Reconstruction, i.nstallation, location, operation or <br />Excavation in violation of Village safety and/or <br />Construction requirements: <br />(3) Material misrepresentation or lack of candor by or on behalf of a <br />Service Provider in any Permit application or registration required. <br />by the Village. - <br />(4) Abandonment of Small Cell Facility and/or Wireless Support <br />Structure in the Public Right-of-Way. Abandonment shall be defined <br />as small cell facilities or wireless support structures that are unused <br />for a period of three hundred sixty five days without the operator <br />otherwise notifying the Village and receiving the Village's approval. <br />(5) Failure to relocate. or remove a SmaJl Cell Facility and/or Wireless <br />Support Structure or failure to restore the Public Right-of-Way, as <br />- required by this Chapter. <br />(6) Insolvency.or bankruptcy of the Service Provider. <br />(7) The Small Cell Facility and/or Wireless Support Structure is in a <br />state of disrepair which creates a public nuisance. <br />(8) Violation of material provisions of this Chapter. <br />(9) - Construction under the consent is not commenced within two (2) <br />years of the consent approval date. <br />(x) Notice and Duty to Cure. In the, event that the Building Commissioner <br />believes that grounds exist for revocation of consent to Occupy or Use the Public Right- <br />of-Way or Construction Permit, the Building Commissioner shall give the Service <br />Provider written notice of the. apparent violation or noncompliance, providing a short and <br />concise statement.of the nature and general facts of the violation or noncompliance, and
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