1379-19 Right-of-Way Cell Towers

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administration and enforcement of this Part, and are authorized to give any notice required herein or by law. 7.12.19.05 Failure of the City to enforce any requirements of this Part shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. 7.12.20. -Abandonment of a Communications Facility. 7.12.20.01 Upon Abandonment of any Facility owned by a Communications Services Provider in the Public Rights-of-Way, the Communications Services Provider shall notify the City within 60 days. 7.12.20.02 The City may direct the Communications Services Provider, by written notice, to remove all or any portion of any Abandoned Communications Facility at the Communications Services Provider's sole expense, if the City determines that the Abandoned Communications Facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such Communications Facility: (1) compromises safety at any time for any Public Rights-of-Way user; (2) compromises the safety of other Persons performing placement or maintenance of Communications Facilities in the Public Rights-of-Way; (3)prevents another Person from locating other Facilities in the area of the Public Rights-of-Way where the Abandoned Communications Facility is located when other alternative locations are not reasonably available; or(4) creates a maintenance condition that is disruptive to the use of the Public Rights-of-Way. 7.12.20.03 If the Communications Services Provider fails to remove all or any portion of an Abandoned Communications Facility as directed by the City within the time period specified in the written notice, which time period shall be reasonable under the circumstances, the City may perform such removal and charge the cost of the removal against the Communications Services Provider. 7.12.20.04 In the event the City does not direct the removal of the Abandoned Communications Facility, the Communications Services Provider, by issuing a notice of Abandonment to the City, shall be deemed to consent to the alteration or removal of all or any portion of such abandoned Facility by the City or other Person, provided that the cost of the alteration or removal is not borne by the Communications Services Provider. 7.12.21. - Reservation of Rights. The City hereby expressly reserves the right: (a) To exercise its municipal home rule powers, now or hereafter, to the fullest extent allowed by law with regard to the access,use and regulation of the Public Rights-of-Way; (b) To amend this Part as it shall find necessary in the lawful exercise of its municipal authority; (c) To adopt or enact by resolution or ordinance, in addition to the provisions contained herein and in any existing applicable ordinances, such additional reasonable regulations as City Council finds necessary in the exercise of the City's police powers; (d) To exercise the power of eminent domain, consistent with applicable federal and state law, to acquire property that may include that property owned or leased by a Communications Services Provider; (e) To abandon portions of the Public Rights-of-Way within the proper exercise of its municipal authority and without notice to nor the consent of any Communications Services Provider, without liability for any costs, damages,loss or other expense to the Communications Services Provider as a result of the City's abandonment of any Public Rights-of-Way; (f) To place and maintain, and franchise or permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement Page 30 of 31