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2008-01-15 Regular Council Session Agenda
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2008-01-15 Regular Council Session Agenda
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(f) If the application of this subsection excludes locations for <br />Facilities to the extent that the exclusion conflicts with the reasonable <br />requirements of the applicant, the Director shall cooperate in good faith with the <br />applicant to attempt to find suitable alternatives, but the City shall not be <br />required to incur any financial cost or to acquire new locations for the applicant. <br />2. Any Person installing, repairing, maintaining, removing, or <br />operating Facilities, and the Person on whose behalf the work is being done, <br />shall protect from damage any and all existing structures and property belonging <br />to the City and any other Person. Any and all Rights-of-Way, public property, or <br />private property disturbed or damaged during the work shall be repaired or <br />replaced, and the responsible Person shall immediately notify the owner of the <br />fact of the damaged property. Such repair or replacement shall be completed <br />within a reasonable time specified by the Director and to the Director’s <br />satisfaction. <br />3. The applicant shall provide written notice to all property owners <br />within one hundred and eighty-five (185) feet of the site at least five (5) days <br />prior to the date of any installation, replacement or expansion of its Facilities. <br />Notice shall include a reasonably detailed description of work to be done, the <br />location of work, and the time and duration of the work. <br />4. At the City’s direction, a Person owning or controlling Facilities <br />shall protect, support, disconnect, relocate, or remove Facilities, at its own cost <br />and expense, when necessary to accommodate the construction, improvement, <br />expansion, relocation, or maintenance of streets or other public works or to <br />protect the ROW or the public health, safety, or welfare. <br />5. If a Person installs Facilities without having complied with the <br />requirements of this Ordinance or abandons the Facilities, said Person shall <br />remove the Facilities, and if the Person fails to remove the Facilities within a <br />reasonable period of time, the City may, to the extent permitted by law, have the <br />removal done at the Person’s expense. <br />6. Facilities shall be subject to all other applicable regulations and <br />standards as established as part of the City Code, including but not limited to <br />building codes, zoning requirements and the Rights-of-Way Usage Code in <br />addition to the regulations provided herein. <br />Section 2 . <br />Any person found guilty of violating any provision of this Ordinance shall <br />be punished by a fine not to exceed $1,000.00, or by imprisonment not to exceed 90 days, or by <br />both such fine and imprisonment, and each day the violation continues shall constitute a separate <br />offense. <br /> <br />Page 8 of 9 <br /> <br />
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