and accidents which are likely to cause damage or in'ury or be a nuisance to the public.
<br /> Suitable barricades, flags, lights, flares, or other devices shall be used at such times and
<br /> places as are reasonably required for the safety of allembers of the public. All placement
<br /> and maintenance shall be done in such a manner as to minimize to the greatest extent any
<br /> interference with the usual travel on such Public Righ s-of-Way.
<br /> (10) Correction of Harmful Conditions. If, at any time,the City or other authority of competent
<br /> jurisdiction, reasonably determines that any Commu 'cations Facility is, or has caused a
<br /> condition that is, harmful to the health, safety or general welfare of any Person, then the
<br /> Communications Services Provider shall, at its own exiense,promptly correct or eliminate
<br /> all such Facilities and conditions.In an emergency, as determined by the Planning Director
<br /> or his/her designee and Public Works Director or his/her designee, when the
<br /> Communications Services Provider is not immediately available or is unable to provide the
<br /> necessary immediate repairs to any Communications Facility that is damaged or
<br /> malfunctioning, or has caused a sunken area or other condition and, in the City's sole
<br /> discretion, is deemed a threat to public safety, then he City, when apprised of such an
<br /> emergency, shall have the right to remove, make repairs to or eliminate the same with the
<br /> total cost being charged to and paid for by the Communications Services Provider upon
<br /> demand.
<br /> (11)Remedy of Hazardous Conditions. If, at any time, a condition exists that the City or other
<br /> authority of competent jurisdiction reasonably determines is an emergency that is
<br /> potentially hazardous or life threatening to any person or is a threat to the health or safety
<br /> of the general public,and to remedy such condition the City or other authority of competent
<br /> jurisdiction reasonably determines that a Communications Services Provider shall
<br /> temporarily relocate or temporarily shut off service or transmissions through a specific
<br /> Facility, then the City, as an appropriate exercise of its police powers, may order the
<br /> Communications Services Provider to immediately p rform such temporary relocation or
<br /> shut off until the condition has been remedied, and to do so at its own expense and without
<br /> liability to or recourse against the City. In such an emrgency, when the Communications
<br /> Services Provider is not immediately available or ''s unable to provide the necessary
<br /> immediate relocation or shut off of the specific Co unications Facility, the City shall
<br /> have the right to perform, or cause to be performed, sich temporary relocation or shut off
<br /> until the condition has been remedied with the total cost being charged to and paid for by
<br /> the Communications Services Provider upon demand.
<br /> (12) Interference with Other Facilities. A Communications Services Provider shall not, in
<br /> violation of any applicable laws or regulatory stan ards, design, place or maintain its
<br /> Communications Facilities in a manner that will inte fere with the signals or facilities of
<br /> any municipal or county police,fire or rescue departm nt,the facilities of any public utility,
<br /> or the Communications Facilities of another Communications Service Provider, including
<br /> any cable service provider.
<br /> (13) Relocation or Removal of Facilities. Except in case of emergency, a Communications
<br /> Services Provider, at its own expense, shall remove or relocate its Facilities in accordance
<br /> with this subparagraph.
<br /> a. Upon 30 days written notice from the City, a Co unications Services Provider shall
<br /> relocate or remove,as specified in said notice,itsommunications Facility in the event
<br /> the City finds that the particular Facility is unreasonably interfering in some way with
<br /> the convenient, safe or continuous use, or the maintenance,improvement, extension or
<br /> expansion of any Public Rights-of-Way. The Cit 3' shall provide the Communications
<br /> Services Provider with a notice and order as provided for in Section 337.404 of the
<br /> Florida Statutes, or any subsequently enacted law of the State of Florida, in the event
<br /> it charges the Communications Services Provider for the cost and expense of relocating
<br /> or removing such Facility pursuant to this paragra h.
<br /> b. Within a reasonable period of time from the date of written notice from the City, but
<br /> not more than 120 days thereafter, a Communicat ons Services Provider shall relocate
<br /> or remove, as specified in said notice, its Comm nications Facility in the event the
<br /> Planning Director or his/her designee and Public Works Director or his/her designee
<br /> determines it necessary for the construction, completion, repair, relocation or
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